Park Injury Lawyer Michigan: When Public Spaces Fail

You came to the park for peace. Maybe it was a walk with your child, a picnic with friends, or just a breath of fresh air. But in seconds, it all turned into chaos—because of a loose railing, a hidden hazard, or a playground that hadn’t seen maintenance in years.

When public spaces fail, the injuries aren’t just physical. They’re emotional. They’re financial. And they’re often preventable.

Maybe your child broke a bone after falling from a rusted play structure. Maybe you slipped on an unmarked hazard or tripped on poorly maintained pavement. Whatever the cause, you’re left dealing with the pain—and the city, school, or park district? They’re silent.

Holding public institutions accountable isn’t easy. Government immunity laws, red tape, and quick cover-ups make it tough for everyday people to get justice. But that’s where we come in.

At Marko Law, we know how to pierce immunity, prove negligence, and demand justice. We’ve helped families across Michigan go up against cities, townships, school boards, and government contractors—and win.

Who Can Be Held Liable?

Municipalities (Cities, Townships, Counties)

Most parks are maintained by local governments. These entities have a legal duty to:

• Inspect for hazards
• Maintain equipment and grounds
• Repair known dangers
• Post proper signage

State or Local Park Authorities or Boards

State parks, recreation areas, and regional park systems fall under separate governing bodies. These agencies are still required to maintain safe, accessible, and hazard-free public land. When they fall short, you may have a claim under Michigan’s public liability exceptions.

Public School Districts (for School-Operated Parks)

If your child was injured on playgrounds or open spaces managed by a public school, the district itself may be liable. Schools are expected to maintain safe environments during and after school hours. They can’t hide behind the playground gate.

Equipment Designers, Manufacturers, or Installers

Sometimes, the root cause of the injury isn’t poor maintenance—it’s a defective product. This includes:

• Faulty swing sets
• Unstable slides
• Poorly anchored benches
• Improper installation by vendors

Contractors Responsible for Maintenance, Repair, or Landscaping

Cities often outsource park upkeep to third-party contractors. That doesn’t remove their liability. If a landscaping crew failed to fix a dangerous hole, or a repair company skipped inspections, we hold them just as responsible as the public entity.

Michigan Laws That May Apply

Governmental Immunity (MCL 691.1407)

This law shields most public agencies from lawsuits—but it doesn’t cover everything. If your injury resulted from gross negligence or a specific condition allowed under an exception, you may still have a valid claim.

The burden is high. But we’ve cleared it before—and we’ll do it again.

Public Building Exception & Defective Highway Exception

• Public Building Exception (MCL 691.1406): If your injury occurred due to a defective condition of a building owned by a public entity—such as a restroom, pavilion, or rec center in the park—this may apply.
• Defective Highway Exception (MCL 691.1402): If the injury happened on a public sidewalk, trail, or roadway within or around the park, this exception could open the door to liability.

Premises Liability

Like private property owners, public entities must keep their property safe. If your injury was caused by:

• Broken playground equipment
• Cracked walkways
• Exposed tree roots
• Poor lighting or lack of signage

…then they may be in violation of Michigan’s premises liability law—and you may have a claim.

Gross Negligence Standard

To sue individual public employees—like park maintenance staff or school district employees—you must prove gross negligence: a “willful disregard” for safety.
That means:

• Ignoring known hazards
• Repeatedly skipping inspections
• Leaving dangerous equipment in service

Playground Equipment Safety Act (MCL 408.686)

Michigan law requires public playground operators to repair and maintain equipment under safety standards. If the equipment was:

• Not up to code
• Improperly installed
• Ignored despite complaints

…it could be a clear violation of this statute.

CPSC & ASTM Safety Standards

Federal safety bodies like the Consumer Product Safety Commission (CPSC) and ASTM International publish strict guidelines for park equipment. These include:

• Safe surfacing
• Equipment spacing
• Age-appropriate design
• Maintenance frequency

Government Defense Mechanisms and Legal Barriers

What Is Governmental Immunity—and How Far Does It Go?

Under MCL 691.1407, Michigan law protects public agencies and employees from most personal injury lawsuits. That includes:

• Cities, townships, and counties
• School districts
• Park commissions
• Public employees

When Immunity Fails: Key Exceptions

Gross Negligence

If a public employee (like a park maintenance worker or school administrator) acted with reckless disregard for safety, they can be held liable personally. This applies when:

• Known hazards are ignored
• Repairs are skipped despite complaints
• Supervision is grossly inadequate

Hazardous Public Conditions

If your injury was caused by:

• Dangerous playground equipment
• Cracked walkways or hidden drop-offs
• Broken lighting or fencing around high-risk areas

…you may qualify under premises liability or the public building/highway exceptions.

What to Do After a Park Injury

Seek Immediate Medical Attention

Even if the injury seems minor, get a doctor involved. Some injuries—like internal bleeding, head trauma, or soft tissue damage—can escalate without warning. Medical records also serve as crucial evidence if you pursue a claim.

Photograph the Scene, the Injuries, and the Hazard

Use your phone to capture:

• The exact spot where the injury occurred
  
  
• Broken or dangerous equipment
• Trip hazards (cracks, holes, debris)
• Poor lighting or missing signage
• Visible injuries (bruises, bleeding, swelling)

Report the Incident Immediately

Tell park staff, municipal workers, or school officials. Demand that they:

• Document the incident in writing
• Provide you with a copy
• Share the name and title of the official who filed it

Collect Witness Names and Contact Information

If anyone saw what happened—other parents, children, parkgoers—ask for:

• Their full names
• Phone numbers
• A quick written or recorded statement, if possible

Preserve Physical Evidence

Was a piece of broken equipment involved? A sign missing? A shoe torn during a fall?

• Take it with you, if safe and legal to do so
• Preserve clothing, medical devices, or objects damaged in the incident
• Write down anything removed by city staff afterward

Contact Marko Law Immediately

Park injury claims against government entities are time-sensitive and full of legal traps. You may have as little as 60 days to file a claim. Let our legal team step in early to:

• Preserve surveillance footage
• Interview witnesses
• Document the scene
• File all proper notices with city or state agencies

What Damages May Be Recovered

Medical Expenses (Current and Lifelong Care)

• ER visits, surgeries, hospital stays
• Follow-up doctor visits
• Physical therapy or rehab
• Medical equipment (crutches, wheelchairs, braces)
• Future care needs—especially for children still growing

Pain and Suffering, Emotional Distress

Michigan law recognizes that trauma isn’t just physical. We pursue damages for:

• Daily pain and discomfort
• Fear or anxiety, especially for children
• Loss of sleep, depression, PTSD
• Long-term emotional trauma from the event

Counseling or Therapy Costs

Especially in child injury cases, emotional recovery takes time—and professional support. You may be entitled to compensation for:

• Psychological counseling
• Play therapy
• School support services
• Social reintegration programs

Loss of Life Enjoyment or Recreational Activities

If your child can no longer run, climb, or play the way they used to—or if you’ve been robbed of your favorite outdoor activities—you deserve compensation for:

• Missed sports or hobbies
• Fear of returning to parks
• Inability to enjoy physical activities

Long-Term Disability or Scarring

Some injuries leave behind more than memories. You may also recover for:

• Permanent physical impairments
• Disfigurement or visible scarring
• Developmental delays due to head injuries or trauma

Punitive Damages (in Gross Negligence Scenarios)

If your injury was caused by reckless disregard—like repeated ignored complaints or deliberate neglect—Michigan law may allow punitive damages to punish those responsible and prevent future harm.

Your Right to a Safe Public Playground

No parent should have to wonder whether a swing set will snap. No child should walk into a park and leave in an ambulance. These injuries are not “just accidents”—they are the predictable outcome of public negligence. And they are absolutely preventable.

Whether your child was hurt on a crumbling slide, you tripped on broken pavement, or a loved one was seriously injured in a park that had been ignored for years—you have rights. You have the right to demand answers. You have the right to demand accountability. And you may be legally entitled to compensation.

At Marko Law, we don’t let that happen. We step in early, move aggressively, and fight like hell for your family. We’ve helped countless Detroit-area families take on public entities that failed to protect them—and we’re ready to fight for you, too.

Contact Marko Law for a Free Case Evaluation
📞 Phone: +1‑313‑777‑7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: www.markolaw.com

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