You send your child to school expecting them to learn, grow, and be protected—not to end up in an ER. But too often, what should be a secure and nurturing environment becomes the scene of trauma, injury, and shattered trust.
Whether it’s a playground fall due to broken equipment, an assault by another student, or a slip on an icy walkway the school ignored, these injuries are more than just accidents. They’re failures—failures by the very institutions that promised to care for your child.
At Marko Law, we understand the heartbreak and outrage that follows when your child is hurt at school. We’ve helped Michigan families fight back against negligent schools, careless staff, and districts more focused on cover-ups than accountability. You deserve answers. Your child deserves justice.
We don’t take school injury cases lightly—because your child’s future is on the line. From daycares and public schools to private academies and school buses, we handle the hard cases and make sure no family is silenced.
Legal Duty of Schools Under Michigan Law
In Loco Parentis—A Legal Obligation to Protect
Under the “in loco parentis” doctrine, schools step into the role of parent during school hours. That means they must supervise, protect, and act with reasonable care to prevent harm. If a teacher turns their back while bullying escalates, or a coach ignores signs of a concussion, they may be legally liable.
Failure to Maintain Safe Conditions
Schools are required to keep classrooms, hallways, gymnasiums, playgrounds, and buses safe. When they ignore:
- Broken playground equipment
- Slippery floors
- Faulty doors or locks
- Dangerous traffic conditions in pickup zones
—they’re exposing children to injury. That’s not just carelessness. That’s negligence.
Legal Protections for Students with Disabilities
Students with disabilities are protected by both the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). Schools must:
- Provide reasonable accommodations
- Prevent exclusion or mistreatment
- Address bullying or unsafe access issues
Failure to do so could lead to civil rights violations, not just personal injury claims.
Negligent Hiring & Supervision
When schools hire unqualified or dangerous individuals—or fail to supervise staff properly—they can be held accountable. That includes:
- Hiring teachers with past abuse allegations
- Failing to investigate complaints
- Ignoring red flags with coaches or volunteers
Public vs. Private School Liability
Public Schools & Governmental Immunity (MCL 691.1401)
In Michigan, public schools and school districts are protected by the Governmental Tort Liability Act (MCL 691.1401). That means:
- You can’t sue them for just any accident
- They’re immune from certain types of lawsuits
- But there are exceptions—like negligent operation of a school bus or unsafe public buildings
We know how to find those exceptions. When a public school fails in its duty, we find legal openings that expose their liability.
Suing the School District vs. Suing Individual Staff
Sometimes the district is protected—but individual teachers, coaches, or principals may still be held accountable if they acted with gross negligence, abuse, or violated civil rights. Knowing who to sue—and how—is key.
At Marko Law, we name the right defendants and build strategic cases that hold everyone accountable.
Private Schools—No Government Immunity
Private and charter schools do not have government immunity. They’re treated like private businesses and can be sued for:
- Negligent supervision
- Hiring dangerous or unqualified staff
- Unsafe property conditions
- Failing to protect students from foreseeable harm
Private school cases often move faster—and we don’t have to navigate as many procedural traps.
Filing Deadlines & Notice Requirements
Here’s where it gets tricky:
- Claims against public schools often require written notice within 60–120 days of the injury
- Suing private schools follows general personal injury deadlines—typically 3 years (MCL 600.5805)
Miss a deadline, and your case could vanish—no matter how strong. That’s why contacting a lawyer early is critical.
Mandatory Reporting & School Abuse Claims
When a child is hurt at school—not by accident, but by abuse or misconduct—the failure doesn’t just lie with the abuser. It also lies with the adults who knew or should have known and did nothing.
In Michigan, teachers, aides, counselors, and administrators are mandatory reporters under MCL 722.623. That means they are legally required to:
- Report suspected abuse or neglect immediately
- Notify the Michigan Department of Health and Human Services (MDHHS)
- Take action to protect the child—not bury the issue
Failure to Report Is a Breach of Duty
When educators ignore signs of abuse or fail to file a report, they’re not just failing ethically—they’re violating state law. This can create grounds for:
- Civil lawsuits
- Loss of licensure
- Criminal penalties in some cases
At Marko Law, we investigate what the school knew—and when. We expose cover-ups and make sure those who failed your child don’t get away with it.
Civil Claims for Negligence or Concealment
In many school abuse cases, there’s a long pattern of:
- Prior complaints
- Ignored red flags
- Quiet transfers of abusive staff
- Inadequate responses to student disclosures
When this happens, the school may be civilly liable for every child hurt on their watch. That includes both public and private institutions.
Sexual Abuse and Inappropriate Contact Claims
We handle some of the most serious cases involving:
- Teacher-student sexual abuse
- Inappropriate touching or communication
- Abuse by coaches, counselors, or volunteers
- Peer-on-peer assaults that were ignored
These cases require sensitivity, tenacity, and trauma-informed legal strategies. Marko Law has the experience and the courage to take them on.
What to Do If Your Child Is Injured at School
Get Medical Attention First
Even if injuries seem minor, take your child to a doctor or ER. Not only does this ensure their safety, it creates a medical record that connects the injury to the incident. Delaying treatment gives the school’s lawyers room to argue.
Report the Incident in Writing
Tell the school exactly what happened—and do it in writing. Email the principal, teacher, or school nurse with:
- The time, date, and location of the injury
- How it happened
- Any witnesses or staff present
Keep a copy. Schools are required to log injuries, but they may minimize or reframe the facts. Your version matters.
Ask for the Incident Report & Records
Formally request:
- The school’s internal incident report
- Any surveillance footage
- Your child’s disciplinary and health file (FERPA gives you the right)
These documents are essential for proving liability later.
Preserve Physical Evidence
Save everything:
- Torn or bloodied clothing
- Photos of bruises, cuts, or bandages
- Screenshots of texts or messages from staff or students
Don’t wash, throw away, or ignore physical evidence. It can be the key to proving negligence or abuse.
Call a Lawyer Immediately
Time limits for suing a school—especially public ones—can be as short as 60 to 120 days. Don’t wait.
An experienced school injury attorney can:
- Preserve critical evidence
- Navigate complex immunity laws
- Deal with school lawyers and insurance
- Help your child get the care and justice they deserve
What Compensation Can Families Recover
Medical & Psychological Treatment Costs
You can recover full compensation for:
- ER visits and surgeries
- Physical and occupational therapy
- Counseling and mental health treatment
- Long-term care for permanent injuries
Pain, Suffering & Loss of Life Enjoyment
Some wounds don’t show up on X-rays. Michigan law allows recovery for:
- Physical pain
- Emotional trauma
- Loss of enjoyment of life activities (e.g., sports, friendships, education)
Special Education or Therapy Expenses
Injuries—especially head trauma or emotional abuse—can disrupt learning. You may be compensated for:
- IEP accommodations
- Private tutoring or special education
- Psychological or behavioral therapy not provided by the school
Punitive Damages for Gross Negligence or Abuse
When the school’s conduct goes beyond careless—when it’s reckless, intentional, or abusive—you may be entitled to punitive damages. These are designed to:
- Punish the school or staff
- Deter future misconduct
- Send a message that children are not collateral damage
Wrongful Death Compensation
In the most tragic cases—when a school’s failure results in a child’s death—families may pursue a wrongful death claim under MCL 600.2922, including:
- Funeral and burial expenses
- Loss of companionship
- Pain and suffering of the deceased child
- Emotional anguish of the surviving family
Call Marko Law—Because Kids Deserve Better
When schools fail, we don’t make excuses—we make things right.
If your child was injured due to a school’s negligence, abuse, or cover-up, you’re not alone—and you don’t have to face this battle without backup. At Marko Law, we bring the full force of our legal experience to fight for the most vulnerable: Michigan’s children.
We take every case personally, and we don’t back down. Whether it’s holding a district accountable, exposing staff misconduct, or demanding compensation for lifelong harm, we do what it takes to get justice.
Contact Marko Law for a Free Case Evaluation
📞 1-313-777-7777
📍 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 www.markolaw.com
Marko Law Will Give You A Voice
At Marko Law, we don’t just take cases — we take a stand. Whether you're facing an injury, injustice, or outright negligence, our team fights like it’s personal — because to you, it is.
- Over $500 Million recovered for our clients
- Proven track record in civil rights, personal injury & workplace justice
- Free, confidential consultations — you don’t pay unless we win
- Based in Detroit, trusted across Michigan
Ready to make your voice heard?
We’re not here to play games. We’re here to win.