School Negligence Lawsuit

There is a particular kind of weight that settles on a parent when they begin to suspect that the school they trusted with their child was the reason their child got hurt. It is not a simple feeling. It is layered with disbelief, with grief, with anger, and with the unsettling sense that the place that was supposed to be safe turned out to be anything but. Making the decision to look into legal options does not come easily for most families. It comes after sleepless nights, unanswered questions, and the growing conviction that what happened was not acceptable.

Michigan law is clear that schools are not above accountability. Public and private schools alike owe every student in their care a legal duty to maintain safe conditions, employ qualified staff, supervise students appropriately, and respond to known dangers. When a school breaches that duty and a child is harmed as a result, the law provides a path to justice. That path has deadlines, procedural requirements, and legal complexities, but it is real and it is worth pursuing.

Marko Law is a Detroit-based firm built on the belief that powerful institutions must answer for the harm they cause. We have taken on school districts, municipalities, and large institutional defendants and won. We bring the same relentless commitment to school negligence cases that has produced 20 consecutive seven- and eight-figure verdicts without a single loss since 2012. If your family is asking whether the law is on your side, we are ready to help you find out.

The Legal Duty Schools Owe Students in Michigan

Michigan law recognizes that schools stand in a special relationship with the students they serve. That relationship creates a legal duty of care that is enforceable in court. The doctrine of in loco parentis, which means in the place of a parent, reflects this reality. When a child is in school, the school and its employees step into a parental role. They are responsible for that child's supervision, safety, and wellbeing for the duration of the school day and any school-sponsored activity.

The Scope of the Duty

The school's duty of care is not limited to the classroom. It extends across every setting where students are under the school's supervision:

• Classrooms, hallways, stairwells, and common areas
• Cafeterias and dining facilities
• Playgrounds and outdoor recreational areas
• Gymnasiums, locker rooms, and athletic facilities
• Science labs, shop classes, and vocational training spaces
• School buses and transportation provided by the district
• Field trips, off-campus activities, and school-sponsored events
• Before and after school programs operated by the school

The Duty to Hire, Supervise, and Retain Safe Staff

The school's duty of care extends beyond physical spaces. Schools are responsible for:

• Hiring qualified, credentialed staff who are fit to work with children
• Conducting appropriate background checks before placing employees in contact with students
• Supervising employees on an ongoing basis and responding to complaints or warning signs
• Taking corrective action when an employee's conduct poses a risk to students
• Removing employees whose continued presence creates a foreseeable danger

Heightened Duty for Vulnerable Students

For most students, the baseline duty of care is already significant. For certain students, that duty is even higher. Schools owe a heightened level of care to:

• Students with physical, developmental, or intellectual disabilities who require individualized support
• Younger children who cannot reasonably protect themselves from harm
• Students with known medical conditions such as severe allergies, seizure disorders, or diabetes
• Students with documented behavioral needs or histories of conflict with other students
• Students who have reported being threatened, bullied, or harassed

School Negligence and Michigan's Governmental Immunity Law

Public schools in Michigan are government entities protected under the Michigan Governmental Tort Liability Act (GTLA). This law generally shields government bodies from lawsuits, which makes suing a public school more procedurally complex than suing a private organization. 

The Public Building Exception

When a dangerous or defective condition exists in a public school building or on school grounds, the public building exception to governmental immunity may apply. To invoke this exception, a claimant must generally show that:

• A defect existed in the public building or on the school's grounds
• The school knew or should have known about the defect
• The school failed to repair the defect or warn of its existence within a reasonable time
• The defect was the proximate cause of the student's injury

The Gross Negligence Exception

Individual school employees, including teachers, coaches, and administrators, can be held personally liable when their conduct rises to the level of gross negligence. Michigan law defines gross negligence as conduct so reckless that it demonstrates a substantial lack of concern for whether injury results. This is a higher bar than ordinary negligence, but it is one that can be met in serious cases.

The Motor Vehicle Exception

The motor vehicle exception allows claims against public schools when a school employee's negligent operation of a school vehicle causes injury. This exception applies to school bus accidents and any other situation involving the negligent use of a government-owned vehicle by a school employee in the course of their duties.

Charter Schools and Immunity

Charter schools occupy a complex legal position in Michigan. Whether a charter school qualifies as a government entity entitled to immunity depends on its specific structure and authorizing relationship. This analysis requires careful legal review, and getting it wrong at the outset of a case can have serious consequences.

Private Schools

Private schools are not covered by governmental immunity. Standard negligence principles apply, which generally makes it more straightforward to pursue a claim when a private school fails in its duty of care to a student.

The 60-Day Notice of Claim Requirement

Before a lawsuit can be filed against a public school district or any other government entity in Michigan, a formal written notice of claim must be served on the appropriate government office within 60 days of the incident. 

Missing the 60-day notice of claim deadline can permanently bar your family from pursuing any compensation, regardless of how serious the harm was and regardless of how clear the negligence may be. 

What the Notice Must Include

A legally valid notice of claim must meet specific requirements, including:

• A description of the incident and the circumstances that gave rise to the claim
• The nature of the injury or harm suffered
• The identity of the parties involved
• Service on the correct government official or office in the manner required by law

Damages Available in a Michigan School Negligence Lawsuit

When a school's negligence causes harm to a student, Michigan law allows families to pursue compensation for the full range of losses the incident has caused. Depending on the specific facts of the case, recoverable damages may include:

• Medical expenses, including emergency care, hospitalization, surgery, specialist treatment, and all follow-up care related to the injury
• Future medical costs for ongoing treatment, therapy, or long-term care that the injury has made necessary
• Pain and suffering for the physical pain your child experienced as a result of the school's negligence
• Emotional distress and psychological harm, including the cost of counseling, therapy, and treatment for conditions such as anxiety, depression, or PTSD that resulted from the incident
• Educational impact and remediation costs, including tutoring, alternative schooling, or other educational interventions necessitated by the harm
• Lost future earning capacity in serious or permanent injury cases where the harm affects your child's long-term ability to work and earn
• Wrongful death damages in the most devastating cases where a student's life is lost due to a school's negligence, including funeral expenses, loss of companionship, and the full financial and emotional impact on the surviving family

Your Family Trusted That School. Now Trust Marko Law to Fight for What Happened There.

School negligence is a serious legal wrong. It is not a misunderstanding to be smoothed over with an apology from the principal or a revised safety policy that comes too late to help your child. When a school's failure causes real harm to a real student, the law provides a mechanism for accountability, and that mechanism exists precisely because institutional negligence without consequences only leads to more institutional negligence.

Our firm has the experience, the resources, and the record to stand up to school districts and the insurers behind them. We know how these cases are defended, we know how to defeat those defenses, and we know what it takes to put the full weight of the evidence in front of a jury in a way that produces results. Michigan families deserve an advocate who will fight as hard for their child as they would fight themselves.

If your child was harmed through the negligence of a school or school employee, you do not have to face this alone. Contact Marko Law today for a free case evaluation.

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