Texas School Sports Injuries: Liability and Legal Options for Parents

Who’s Liable for School Sports Injuries in Texas? A Parent’s Guide

The answer depends on who controlled the activity and whether they failed to act with reasonable care. In Texas, school districts are often protected by law – but liability may still apply in specific situations involving negligence or third-party involvement.

Sorting out legal responsibility isn’t easy. State immunity laws, tight deadlines, and complex legal standards can block claims before they begin. For parents, understanding how Texas law works is the first step toward knowing whether legal action is possible.

Legal Framework for School Sports Injuries in Texas

Texas law provides several layers of protection for public schools and their employees when injuries happen during athletics. These laws can make it hard – but not always impossible – for families to hold schools accountable.

One of the biggest legal barriers is governmental immunity. Under the Texas Tort Claims Act (Civil Practice & Remedies Code Chapter 101), school districts are generally protected from lawsuits unless the claim fits into narrow exceptions – like those involving the use of a motor vehicle.

Texas Education Code § 38.159 makes it clear that adopting safety protocols for interscholastic sports doesn’t waive this immunity. So even if a student is injured during a regulated activity, the school may still be shielded from liability.

Starting in September 2025, a new law – Chapter 118 of the Civil Practice & Remedies Code – allows lawsuits against public schools in limited situations, such as cases involving sexual misconduct or a failure to report abuse. But this law does not broadly apply to typical sports injuries.

Public schools may carry optional insurance to cover student accidents (EDUC § 38.024), but this coverage varies by district and does not automatically create liability.

Private schools, independent athletic organizations, and contractors are not protected by these same immunity laws. If a coach, trainer, or outside company fails to meet reasonable safety standards, they could face direct liability under standard negligence rules.

Who Might Be Liable for a School Sports Injury

When a student is injured during school athletics, the key question is: who had control over the activity or environment where the injury happened – and did they act responsibly?

Depending on the circumstances, liability might rest with:

• The school district – especially if the injury resulted from poor supervision, unsafe facilities, or policy failures. But claims against public schools face strong legal protections under state immunity laws.
• Coaches and athletic staff – may be liable if they ignored safety rules, pushed students beyond safe limits, or failed to recognize clear injury risks. Some may be protected by “official immunity” if the act was discretionary.
• Private schools – not shielded by governmental immunity. They can be sued under general negligence law, just like any other private organization.
• Independent contractors – such as athletic trainers, referees, or companies maintaining sports equipment or facilities. If they created or failed to address a hazard, they may be legally responsible.
• Vendors or equipment providers – injuries caused by defective gear, unsafe surfaces, or poor field maintenance could lead to product or premises liability.

In many cases, multiple parties may share responsibility. For example, a school might be responsible for supervision while a third-party contractor may be liable for unsafe field conditions. Sorting this out often requires reviewing contracts, policies, and the chain of command.

Legal Doctrines, Defenses & Immunities

Even when a student is clearly injured, that doesn’t always mean someone can be held legally responsible. Texas law includes several powerful defenses – especially for public schools and their employees.

Governmental immunity protects public school districts from most personal injury lawsuits. Unless a specific law allows a claim (like those involving vehicles or certain misconduct after 2025), schools are generally immune from suit.

Official immunity may protect individual school employees, such as coaches or athletic directors. If the employee was performing a discretionary duty in good faith and within their role, they likely cannot be sued for injuries that result – even if the outcome was harmful.

Assumption of risk is another common defense. Texas courts often find that student-athletes accept the risks that come with physical activity, especially in contact sports. If an injury happens during routine gameplay or practice, it may be considered an expected risk that cannot form the basis for a claim.

Comparative fault rules apply in cases where more than one party may be responsible. If the student is found to be 51% or more at fault for the injury – for example, by ignoring instructions or engaging in reckless behavior – they cannot recover compensation under Texas law.

Time limits also apply. In most personal injury cases, Texas gives families two years to file a lawsuit. If the claim is against a public school, there may be additional notice deadlines – often within six months of the incident.

These defenses don’t automatically block every claim, but they raise the bar for what must be proven – and how quickly action must be taken.

What Parents Must Prove in a Successful Claim

To win a school sports injury case in Texas, it’s not enough to show that an injury happened. Parents must prove that someone with a legal duty to keep students safe failed to do so – and that failure directly caused harm.

A successful claim generally requires these four elements:

1. Duty
   The responsible party – such as a school, coach, or contractor – had a legal obligation to act with reasonable care during the activity or in the environment where the injury occurred.
2. Breach of Duty
   They failed to meet that obligation. This might include ignoring clear safety risks, using unsafe equipment, or failing to provide proper supervision.
3. Causation
   The injury must be directly linked to the breach. You must show that the harm wouldn’t have happened if the responsible party had acted appropriately.
4. Damages
   The student suffered actual harm – such as medical bills, long-term disability, lost athletic opportunity, or emotional distress.

Because schools often claim immunity or raise strong defenses, strong documentation is essential. Useful evidence includes:

• Witness statements from coaches, teammates, or bystanders
• Medical records detailing the injury and recovery
• Incident reports from the school or athletic staff
• Maintenance logs, safety inspection records, or videos
• Emails or texts about the injury or related concerns

Clear, credible evidence helps establish not only what happened – but who had the power to prevent it.

What To Do Immediately After an Injury

How parents respond in the hours and days after a school sports injury can make a major difference – both for the student’s health and for any future legal claim.

Take these steps as soon as possible:

1. Get medical care immediately
   A prompt evaluation is important, even if the injury seems minor. Some injuries – especially concussions, joint damage, or fractures – may not be obvious at first.
2. Report the incident in writing
   Notify the coach, trainer, or school administrator and ask for a written report. Keep a copy of everything submitted or received.
3. Document the scene and equipment
   If possible, take photos or videos of the injury location, field conditions, or any gear involved. Details like torn turf, broken helmets, or wet locker room floors matter.
4. Collect witness information
   Get names and contact details of other students, parents, or staff who saw the incident or knew of unsafe conditions.
5. Save all medical and school records
   Keep copies of emergency room notes, physical therapy plans, permission slips, team policies, and emails from the school.
6. Avoid signing any forms under pressure
   Don’t sign waivers, releases, or settlement agreements until you fully understand your rights. These documents could limit your legal options.
7. Consider contacting a personal injury attorney
   An early legal consultation can help you evaluate whether a claim is possible – and whether immunity or other defenses apply.

Quick action helps protect both your child’s recovery and your ability to hold the right party accountable.

Potential Compensation & Remedies

If a student is injured during school sports and someone else is legally responsible, Texas law allows families to seek compensation. The type and amount of recovery depend on the facts of the case and the severity of the harm.

Compensation may include:

In rare cases – such as when a school or employee acted with gross disregard for safety – a court may award punitive damages to punish the conduct. But those cases are difficult and typically require more than ordinary negligence.

Caps and limits:
If the defendant is a public school or official protected by immunity, damage amounts may be limited. For example, starting in 2025, Texas Civil Practice & Remedies Code Chapter 118 sets a maximum of $500,000 per claimant for certain misconduct cases involving schools.

In all cases, clear documentation of expenses, symptoms, and impact strengthens your position. Keep detailed records to support every category of loss.

Challenges & Risks in School Sports Injury Claims

Even with a serious injury and strong evidence, parents may face significant legal obstacles when pursuing a claim against a school or related party in Texas.

Common challenges include:

• Governmental immunity
  Most public schools are protected from lawsuits unless a specific law allows it. This protection blocks many claims before they begin.
• Official immunity for staff
  Coaches and other employees are often shielded from liability if their decisions were part of their regular duties and not reckless or outside policy.
• Assumption of risk
  Courts may view injuries as part of the accepted danger of playing sports – especially in contact-heavy environments like football, soccer, or wrestling.
• Delayed reporting
  Failing to notify the school or file a claim within required deadlines (often six months for public schools) can bar recovery.
• Shared fault
  If the student contributed to the injury – for example, by ignoring instructions or violating safety rules – their ability to recover may be reduced or eliminated under Texas comparative fault rules.
• Lack of direct evidence
  Without video footage, witness testimony, or clear documentation, proving that someone breached a duty of care can be difficult.

Because of these hurdles, legal advice early in the process can help families understand their options, gather the right evidence, and avoid missteps that can harm the claim.

Recent Cases & Trends in Texas

Legal outcomes involving school sports injuries often reflect the balance between student safety and the legal protections schools receive under Texas law. While few cases result in successful claims against public schools, legal trends are shifting in certain areas.

Key developments:

• Hopkins v. Spring ISD
  In this Texas Supreme Court case, the court upheld official immunity for a coach whose discretionary decision about player participation led to injury. The ruling emphasized that when employees act within their role and in good faith, they are generally shielded from lawsuits.
• Emerging focus on overtraining and unsafe conditioning
  Several high-profile incidents in Texas and beyond have drawn attention to dangerous workouts or improper supervision during practice. While not all have led to lawsuits, they raise questions about duty of care during off-season or punitive conditioning sessions.
• Chapter 118 of the Civil Practice & Remedies Code (effective Sept 1, 2025)
  This new law will waive immunity for public schools – but only in cases involving specific misconduct like sexual abuse or failure to report it. It does not change the rules for standard injury claims during sports. Still, it signals growing legislative interest in accountability.
• Awareness of third-party liability
  Some recent cases have explored claims against equipment vendors, private trainers, and outside contractors, rather than the school itself. These claims may succeed when the defendant is not protected by immunity and clearly contributed to the injury.

While these cases don’t open the floodgates for lawsuits, they do show where legal accountability may be possible – especially when a school’s failure to act safely goes beyond ordinary risk.

Call Aaron Genthe for Help with School Sports Injury Claims

If your child was injured during a school sports activity in the Dallas area, you may be unsure whether the school, coach, or someone else is responsible. Aaron Genthe of Genthe Law Firm understands the complex laws that protect Texas schools – and the situations where legal action is still possible.

Call (214) 957-0898 to schedule a consultation and find out what steps you can take to protect your child’s future.