The Hillsborough personal injury attorneys at Farah & Farah have learned that the parents of a special education student have filed a lawsuit against the Hillsborough County School District. The suit alleges that a special education teacher and two aides did nothing to prevent their son from climbing on a ceiling and subsequently crashing to the ground on his head.
The lawsuit claims that the accident, which happened in 2009, left the boy with a “catastrophic and life-threatening head injury.”
The lawsuit alleges that the special education teacher was taking the class to lunch when the boy climbed a cabinet in the classroom and into the ceiling. The suit contends that the teacher left to take the class to lunch anyway, leaving the two aides who did not have proper training in child restraint to deal with the situation. One of the aides left to get help, while the other was on the telephone in the classroom when the ceiling gave way and the boy crashed to the ground.
The lawsuit is asking for unspecified damages for the traumatic brain injury accident. Normally, schools fall under Florida sovereign immunity protection, which limits awards. However, according to the Tampa Bay Times, the family’s attorney is arguing that since Robinson Elementary School provides an array of Exceptional Student Education services, it should be considered a “therapeutic and childcare facility,” which would not be subject to sovereign immunity protection.
The attorney is also naming the special education teacher in the lawsuit, claiming that she should properly be designated as an independent contractor rather than a school employee. The teacher left the school district in 2009.
If you believe your child has been harmed due to the negligence of a teacher, school, or school district, you have a legal right to hold those who are responsible liable for their actions. The Hillsborough County personal injury law firm of Farah & Farah can discuss your legal options. We are dedicated to providing solid legal representation that has your child’s best interests at heart. If you believe you have a case, call us at (800) 533-3555 or contact us online for a free discussion of your legal options.