Public Playground Injury Claims in Michigan

As a parent, you do everything in your power to keep your child safe. But when your little one gets hurt at a public playground—on broken equipment, unsupervised grounds, or hazardous surfaces—it’s not just heartbreaking. It’s infuriating.

That park was supposed to be a safe place. Instead, it became the scene of a traumatic injury that never should have happened.

Every year, thousands of children are seriously injured on playgrounds—many because cities, schools, or park districts fail to do their job. When the people responsible for public spaces cut corners on safety, don’t conduct inspections, or ignore obvious hazards, they must be held accountable.

We’re not just lawyers—we’re advocates for Michigan families who’ve been ignored, silenced, or steamrolled by the system. If your child was hurt on public playground property—whether at a school, park, or city-maintained space—you need more than apologies. You need justice.

Marko Law is here to demand answers, pursue compensation, and expose failures that put children at risk. We know Michigan’s complex laws on governmental immunity, public liability, and injury claims—and we’re not afraid to go toe-to-toe with school boards, city officials, or insurance carriers.

Who Can Be Held Liable for Public Playground Injuries?

Municipalities (Cities, Townships, Counties)

Local governments are often responsible for public playgrounds in parks, neighborhoods, or city centers. They're required to:

• Maintain safe conditions
• Regularly inspect equipment
• Repair or remove known hazards

State or Local Park Authorities

Many larger playgrounds fall under the control of recreation departments or state-managed park systems. These agencies are responsible for:

• Proper installation of play structures
• Surface safety (like mulch, turf, or padding)
• Preventing known risks

Public School Districts (On-Campus Playgrounds)

If your child was injured during school hours or on school grounds, the district itself may be liable. Public schools must:

• Provide supervision during recess
• Maintain school-owned playgrounds
• Repair damaged equipment promptly

Playground Equipment Manufacturers

If a swing breaks, a slide collapses, or bolts are missing due to a design flaw, you may have a product liability claim. Manufacturers can be held responsible when:

• Equipment was defectively designed or manufactured
• Safety warnings or age restrictions weren’t provided
• Assembly instructions were flawed or misleading

Contractors Responsible for Maintenance or Installation

If the playground was poorly installed—or never maintained—a third-party vendor or contractor may be to blame. Cities and schools often outsource this work, but outsourcing does not remove liability.

Michigan Laws That Apply to Public Playground Claims

Governmental Immunity (MCL 691.1407)

This is the core statute protecting government entities (like cities and school districts) from most lawsuits. But it comes with critical exceptions, especially when a public entity has:

• Created or ignored dangerous conditions
• Failed to maintain public property
• Employed staff who acted with gross negligence

Defective Highway Exception (MCL 691.1402)

While this applies mostly to roads and sidewalks, it can sometimes come into play for playground paths or access points. If poor maintenance of those areas contributed to the injury, this exception can open the door to legal action.

Public Building Exception

If the injury occurred in a school gym, indoor play area, or public rec center connected to the playground, this exception may apply. Michigan law allows claims if the injury was caused by a defect in the physical condition of a public building.

Premises Liability for Public Property

Even with immunity protections, cities and school districts must still maintain their playgrounds in reasonably safe condition. If a child is hurt due to:

• Broken or rotted equipment
• Exposed hardware
• Hazardous surfacing
• Poorly maintained fencing

…you may have a valid premises liability claim. 

Gross Negligence: Suing Individual Employees

If a park worker, city employee, or school staff member showed “reckless disregard” for safety—such as ignoring repeated complaints or failing to supervise—they can be sued personally. Under Michigan law, this level of carelessness pierces immunity.

CPSC and ASTM Playground Safety Standards

Michigan municipalities are expected to comply with federal safety standards, including:

• CPSC Public Playground Safety Handbook
• ASTM F1487: Safety standards for public playground equipment

Government Liability and Immunity Barriers

What Governmental Immunity Protects

Under Michigan’s Governmental Tort Liability Act, public entities (like cities, counties, school districts, and park authorities) are broadly protected from personal injury lawsuits. The idea is to protect taxpayer-funded institutions from being overwhelmed with litigation.

This means that if your child is injured on a city-maintained playground, you can’t automatically sue the city like you would a private business.

Where Immunity Fails: The Legal Exceptions

Gross Negligence

If a government employee acted with reckless disregard for safety, they can be held personally liable. Think:

• Repeatedly ignoring complaints about broken swings
• Leaving sharp or rusted equipment in place
• Failing to supervise a known hazardous area

Unsafe Premises (Premises Liability)

Public entities still have a duty to keep playgrounds reasonably safe. If they fail to:

• Maintain equipment
• Inspect for hazards
• Comply with federal safety standards (CPSC/ASTM)

…they may lose their immunity under public property exceptions.

What to Do After a Public Playground Injury

Get Medical Treatment Immediately

Your child’s health comes first. Even if the injury seems minor, get them evaluated by a doctor or ER right away. Some injuries—like concussions, fractures, or internal trauma—may not show symptoms immediately.

Plus, medical records are key evidence in any legal claim. No treatment = no case.

Take Photos of the Scene and Injuries

Document everything you can, as soon as you can:

• The specific piece of equipment involved
• Dangerous conditions (rusted metal, broken parts, exposed bolts)
• Surface material (was it grass, mulch, or hard concrete?)
• Lack of signage, fencing, or supervision
• Your child’s visible injuries

Report the Injury to the City, Park Authority, or School

Notify whoever owns or operates the playground—whether that’s:

• A city parks department
• A local township office
• A public school principal or district administrator

Gather Witness Contact Information

Were other children, parents, or staff members present when the injury happened? Get:

• Full names
• Phone numbers
• A brief description of what they saw

Contact a Playground Injury Lawyer ASAP

Public playground injury cases involve:

• Government immunity laws
• Strict notice deadlines
• Multiple layers of liability

What Damages May Be Recovered

Medical Expenses (Current and Future)

You can recover compensation for:

• Emergency room visits
• Hospitalization or surgeries
• Physical therapy
• Medical devices or equipment
• Follow-up care or rehabilitation
• Future medical treatment tied to the injury

Pain and Suffering

This includes the physical pain your child endured—from the injury itself, from surgeries, from recovery, and from limited mobility. But it also reflects emotional distress, fear, and the trauma of being hurt in a place that was supposed to be fun and safe.

Psychological Counseling or Therapy

Many injured children struggle emotionally after a playground accident. You may be able to recover damages for:

• PTSD
• Anxiety around parks or school
• Depression
• Behavioral regressions
• Counseling or play therapy

Permanent Disability or Disfigurement

Some injuries change a child’s life forever. This could include:

• Limb injuries leading to limited mobility
• Spinal damage
• Disfigurement from deep cuts or burns
• Traumatic brain injury (TBI)
• Long-term learning or developmental delays

Impact on Education and Quality of Life

Was your child unable to return to school? Are they missing out on sports, play, or social development? Michigan law allows damages for:

• Missed school and tutoring needs
• Loss of social interaction
• Changes in academic performance
• Isolation or inability to participate in normal childhood activities

Punitive Damages in Gross Negligence Cases

If the injury was caused by someone’s reckless or outrageous disregard for safety—like a city or school ignoring repeated warnings about a broken slide—you may be entitled to punitive damages. These are meant to punish the wrongdoer and prevent future harm.

Your Child Deserves Protection—and Accountability

Playgrounds should be safe. That’s not optional. It’s not “just part of being a kid.” And it’s not something any parent should have to question when they send their child outside to play.

Yet every year in Michigan, children are seriously injured because cities, school districts, or park authorities cut corners on safety—failing to maintain equipment, ignoring warnings, or brushing off concerns until it’s too late.

At Marko Law, we understand what’s at stake. We’ve stood beside families just like yours—angry, overwhelmed, scared about what comes next. And we’ve helped them take on cities, schools, and government systems that would rather stay silent than take responsibility.

If your child was injured on a public playground in Michigan, you don’t have to navigate this alone. We’ll uncover what happened, fight for what your child deserves, and demand change to protect others.

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

‍