School Playground Injuries: What Parents in Michigan Need to Know

You send your child to school to learn, grow, and—yes—even play. Recess should be safe. But when a playground becomes the scene of a serious injury, that sense of safety shatters. The heartbreak is real. The fear is overwhelming. And the anger is justified.

Playgrounds are supposed to be supervised. Equipment should be safe. Teachers and staff are legally responsible for watching over your child. So when that doesn’t happen—and your child ends up hurt—it’s not just “an accident.” It could be negligence.

We represent Michigan families whose children were injured because schools failed to protect them. From broken bones on faulty jungle gyms to concussions from unsupervised fights, we’ve seen what happens when staff look away—and when schools try to hide behind excuses.

We’re not here to play nice with school districts more concerned with liability than your child’s well-being. We’re here to demand accountability, uncover the truth, and make sure your family gets justice.

Who May Be Held Liable in a Playground Injury Case?

Public School Districts or Charter Schools

Public schools are responsible for:

• Maintaining safe playgrounds
• Supervising recess and play periods
• Training staff to respond to injuries and emergencies

While governmental immunity protects these institutions in some situations, they can still be sued if your child’s injury resulted from:

• Gross negligence
• Unsafe premises
• Neglecting known hazards

Private Schools or Daycare Centers

Unlike public schools, private institutions are not shielded by governmental immunity. They can be held liable for:

• Failing to maintain playground equipment
• Inadequate supervision
• Poor staff training or response protocols

Individual Teachers, Aides, or Supervisors

If school staff were:

• Distracted
• Undertrained
• Neglectful in monitoring the playground
• Or failed to intervene during a fight or injury

They may be personally liable—especially in cases involving gross negligence.

Playground Equipment Manufacturers

If your child was injured due to:

• A broken slide
• Sharp hardware
• A collapsing swing set
• Or another product defect

The equipment manufacturer or installer may be liable under Michigan’s product liability laws. This includes injuries from poorly designed or improperly labeled equipment.

Maintenance Companies or Contractors

If a school outsources playground maintenance, the third-party company may be liable for:

• Failing to conduct safety checks
• Ignoring known repair issues
• Installing equipment incorrectly

Governmental Immunity and Public School Liability

What Is Governmental Immunity?

Governmental immunity means that public school districts and their employees cannot be sued for ordinary negligence while performing their job duties. It’s a legal barrier designed to protect taxpayer-funded institutions from constant litigation.

But when a child gets seriously hurt because of unsafe playground conditions or recklessly indifferent staff, that shield can and should be pierced.

Exceptions That May Allow You to Sue

Gross Negligence

If a school employee’s actions show a reckless disregard for your child’s safety—like ignoring repeated bullying, walking away from an injury, or leaving students unsupervised—it may rise to gross negligence, which breaks through immunity.

Failure to Maintain Safe Property

If a school failed to inspect, repair, or remove dangerous playground equipment, it may qualify as a premises liability exception. Unsafe property isn’t just a hazard—it’s a legal violation.

Short Notice Deadlines for Filing Claims

One of the most dangerous aspects of suing a public school is the tight timeline for taking legal action:

• In many cases, Michigan law requires parents to file a formal notice of injury within 60 to 120 days.
• Waiting too long—even if your case is valid—can get it thrown out.

Marko Law acts fast to preserve your child’s right to compensation. We know the notice rules, the legal traps, and the filing deadlines inside and out.

How to Prove Negligence in a Playground Injury Case

Document Your Child’s Injuries and Medical Treatment

Start by:

• Getting immediate medical care
• Keeping all records: ER visits, x-rays, diagnosis reports, prescriptions
• Documenting follow-up care and therapy
• Tracking emotional or psychological trauma (especially after severe accidents or bullying-related injuries)

Your child’s medical file is the foundation of your legal case.

Take Photographs of the Scene

Photos can make or break a negligence claim. Try to capture:

• The specific equipment involved (broken swing, sharp edge, etc.)
• Surface conditions (concrete, exposed bolts, missing padding)
• Poor supervision (empty playground, staff on phones, etc.)
• Weather conditions, signage, or fencing issues

Even if you can’t access the scene immediately, ask other parents or children if photos were taken.

Request the School’s Incident Report

Schools are required to document injuries and submit internal reports. These records often include:

• Time, date, and location of the injury
• Staff on duty
• Description of what happened (from the school’s perspective)
• Initial response or action taken

Request these records in writing—and don’t let the school delay or downplay what happened.

Get Witness Statements

The truth doesn’t just live in paperwork. Ask:

• Your child (what happened, who was present)
• Other students who saw it
• Parents who were on site
• Teachers or aides who may speak up

At Marko Law, we handle witness interviews and affidavits to secure statements early—before memories fade or stories change.

Uncover Past Complaints or Injuries

A playground with a history of injuries is a legal red flag. We investigate:

• Other injury reports from the same school or equipment
• Complaints by parents
• Maintenance records
• State inspection logs or code violations

If the school or district knew about a hazard and did nothing, that’s not just negligence—it’s reckless disregard.

Damages You May Be Entitled To

Medical Bills (Current and Future)

Injuries don’t stop when the cast comes off. You may be compensated for:

• ER visits and ambulance costs
• Surgeries or hospitalization
• Physical therapy and follow-up care
• Medical devices or prescriptions
• Future treatment or ongoing rehab needs

We work with medical experts to project long-term costs—so you’re not caught off guard years down the road.

Pain and Suffering

Your child’s physical pain matters. So does yours. Michigan law allows compensation for:

• Physical discomfort
• Recovery-related pain
• Loss of mobility or strength
• Invasive procedures or repeated treatments

It’s not just about what happened—it’s about what they had to endure.

Emotional Trauma or Therapy Costs

Children may develop:

• Anxiety
• Sleep disorders
• PTSD
• Social withdrawal
• School refusal or performance issues

If therapy or counseling is needed, those costs can—and should—be part of your legal claim. We also fight for compensation for emotional pain that can't be measured in dollars—but still deserves justice.

Permanent Disability or Scarring

Some playground injuries leave lifelong impacts—like:

• Facial disfigurement
• Amputation
• Spinal damage
• Traumatic brain injury (TBI)
• Cognitive or motor delays

These cases demand long-term planning, expert medical testimony, and aggressive legal strategy. Marko Law brings all three.

Loss of Quality of Life or Educational Disruptions

If your child can’t participate in sports, hobbies, or daily routines, that’s a loss we take seriously. You may be able to recover damages for:

• Missed school
• Tutoring or academic setbacks
• Social isolation or developmental delays
• Inability to return to normal play

We focus not just on the injury—but on what it took away.

Punitive Damages (in Gross Negligence Cases)

If a school employee, supervisor, or contractor acted with reckless disregard for your child’s safety, you may also pursue punitive damages.

These are meant to punish—not just compensate—and they send a powerful message: Child safety is non-negotiable.

Justice for Your Child Starts with One Call

When your child left for school that day, you never imagined they'd come home hurt—or not come home at all. The playground was supposed to be a place of joy, not pain. A space for laughter and learning, not ambulances and ER visits. But when schools fail to supervise, fail to maintain safe equipment, or turn a blind eye to dangerous conditions, it’s not an accident—it’s negligence.

At Marko Law, we don’t wait for the school district to “do the right thing.” We take action. Fast. We preserve evidence, investigate failures, and fight to hold every responsible party accountable—because your child’s future matters.

Whether you’re dealing with medical bills, missed school, or emotional trauma—you don’t have to go through this alone.

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