Schools have a legal duty to protect and supervise students, but not every injury automatically leads to liability. In Michigan, governmental immunity often shields public schools, though exceptions like gross negligence or unsafe conditions may allow a claim. Proving negligence requires clear evidence that the school failed to act reasonably and that failure directly caused harm.
It’s the call no parent ever wants to receive.
Your child was hurt at school.
In an instant, your world shifts—fear sets in, anger follows, and confusion takes over. You trusted that school to be a safe place. A place where your child would be protected, supervised, and cared for. Instead, something went wrong.
And now you’re left asking questions no parent should have to ask: How did this happen? Could it have been prevented? And who is responsible?
Schools are supposed to be environments where children can learn and grow safely. That expectation isn’t optional—it’s fundamental. But when that trust is broken, the legal reality becomes more complicated.
Because in Michigan, not every injury leads to accountability.
So where does the law draw the line?
Can schools be sued for negligence—or are they protected from liability?
At Marko Law, we confront these questions head-on—because when a child is harmed, answers matter. And so does justice.
Negligence isn’t about bad luck—it’s about a failure to act responsibly.
In legal terms, negligence means someone failed to use reasonable care, and that failure caused harm. Every negligence claim typically involves four key elements:
In a school setting, this takes on a very real meaning.
Schools have a legal duty to supervise and protect students while they are in their care. Parents hand over that responsibility during the school day with the expectation that their children will be safe.
When that duty is ignored—or handled carelessly—serious consequences can follow.
School negligence can take many forms, and often, it’s not just one mistake—it’s a pattern of oversight or inaction.
Some of the most common examples include:
These situations aren’t just unfortunate—they may represent a failure to uphold the duty schools owe to every child.
Student injury liability refers to the legal responsibility a school may have when a student is injured under its care.
Not every injury leads to liability. Kids fall. Accidents happen. But when an injury could have been prevented with proper care, the situation changes.
A school may be held responsible when its actions—or inaction—create an unreasonable risk of harm.
There are clear situations where a school’s responsibility becomes harder to deny.
Liability may arise when:
In these cases, the issue isn’t just that an injury occurred—it’s that it could have been avoided.
At the same time, not every injury means the school is legally responsible.
Schools may not be liable in situations such as:
These distinctions matter—and they’re often where legal battles are won or lost.
Here’s where things get complicated—and where many families feel blindsided.
In Michigan, most public schools are considered government entities. That means they are often protected by a legal doctrine called governmental immunity, established under the Michigan Governmental Tort Liability Act (GTLA).
The general rule is this:
In plain terms, even if a child is seriously injured, the school district may be shielded from liability.
That doesn’t feel fair. And in many cases, it isn’t.
But the law doesn’t stop there.
Governmental immunity is powerful—but it’s not absolute.
Michigan law recognizes specific exceptions where a school can still be held accountable:
These exceptions are critical. They are often the only path forward in a school negligence lawsuit involving a public school.
Not every injury leads to a valid claim—and that’s one of the hardest truths for families to face.
The presence of governmental immunity means:
Success often depends on whether the facts of the case fit squarely within one of these exceptions.
That’s not something most families can navigate alone.
To bring a successful school negligence lawsuit, you must establish the core elements of negligence:
Each of these elements must be supported with evidence—not assumptions.
Strong cases are built on facts. The more documentation and proof available, the stronger the claim becomes.
Key evidence may include:
This type of evidence can reveal patterns, expose failures, and hold institutions accountable.
Public schools operate under the umbrella of governmental immunity.
That means:
Even when negligence seems obvious, legal barriers can stand in the way.
Private schools are different.
They are not protected by governmental immunity in the same way, which means:
But that doesn’t mean the case is simple—it still requires strong evidence and legal strategy.
Whether a school is public or private can significantly affect how your case unfolds.
Important differences include:
These distinctions can determine whether a case moves forward—or gets dismissed before it even begins.
Schools are entrusted with something priceless—the safety of our children. That responsibility isn’t optional, and it doesn’t disappear when something goes wrong.
While Michigan law may give schools certain protections, immunity does not mean they are above accountability. When preventable harm occurs, when warning signs are ignored, or when safety is treated as an afterthought, families have every right to ask hard questions.
And they deserve real answers.
Because this isn’t just about policies or procedures—it’s about a child who was hurt and a system that may have failed them. Justice in these cases means more than compensation. It means recognition, accountability, and change.
Every case is different. Speak to a lawyer to understand your rights.
If your child was injured at school and you suspect negligence, you don’t have to face this alone.
At Marko Law, we fight hard—and we don’t back down.
📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: https://www.markolaw.com/
We Will Help You!
Get in touch with a real person 24/7/365.
If you’re a law firm owner and want help optimizing your practice for success, please email jon@markolaw.com
Real stories. Real results. From personal injury recoveries to civil rights victories, our clients trust Marko Law to deliver justice when it matters most. Hear what people across Michigan are saying about their experience with our legal team.
Big shoutout to the Marko Law squad. Gasper was an absolute assassin in the best possible way, and trust me, that's a high compliment coming from me. John Eads and Gasper tag-teamed those negotiations like champs. I'll be sending clients your way for the foreseeable future.
Alex Kay is absolutely a hell of a lawyer! He is compassionate and very thorough at his job! This process was a absolute breeze 🙌
I've been working with attorney Michael Jones for two years and couldn't have asked for a more dedicated attorney. He has never given up on my case and continues to fight hard to make sure justice is served. I highly recommend him to anyone who needs a lawyer who will stand by you.
Michael Jones and his team have been nothing but kind, courteous and very knowledgeable on any question I have had. They always answer my questions and walk me through the process. I would recommend Marko Law and Michael to anyone who needs an outstanding law firm.
From intake through the entire process, Michael Jones and his team have been doing an excellent job representing me. Their timely responses have given me true faith in their ability. I truly feel I could not be better represented anywhere else. Thank you, Michael and Dae!
Marko’s law firm truly has a great team ! Kyla in medical records is very comforting and pays great attention to detail!
I wanted to offer some positive feedback regarding Melody, who answers the phone. I found her to be very polite, cheerful and empathetic. She went above and beyond to make sure I could talk directly to the person who could best help me, and my issue was successfully resolved.
Marko Law is excellent! My case was handled very well. I appreciate the time Alex Kay spent to ensure I received the maximum payout, and his paralegal Tracey was great too. I recommend Alex Kay and Marko Law to everyone who needs a tried and trusted law firm!
Working with Marko Law Firm has been a superb experience! Alex Kay has done a phenomenal job handling my case, and his expertise has made a stressful situation feel much less daunting. He's been nothing but attentive and informative throughout the process.
Ariel Kellersohn is the best in the business. If you want a lawyer who dedicates herself to your case, you have found the right place. She upholds the highest standards of professionalism and is also very personable and easy to talk to. 10/10, if I could leave more than 5 stars I would!
Having Marko Law handle my case was the best decision I made. Alex Kay was excellent; he understood what I have been through and fought for me every step of the way. His dedication guided my case to a successful settlement. I would recommend them for any legal support you need.
What a fantastic experience I had working with the firm. You made me feel like you cared about me and not about making money. The communication was amazing, and you kept me informed on all aspects of my case. I would 100% recommend you and your firm.
They fight for the little guy. The process is generally hard, very hard, and mentally exhausting, but Marko and his phenomenal attorney Cait bring a lot of ease in that process. And WIN! Cait is straight up, honest of the risks and potential outcomes and such and fighter.
Great hard working firm that fights hard for their clients. Jon and his team are knowledgeable, dedicated and great people all around. Their results speak for themselves! Hire Marko!
John Marko handled my son's case wonderfully. He worked for us for 6 years to get my son the best settlement outcome. I highly recommend Marko Law.
I've been working here for three years and I can honestly say Jon Marko is a very passionate attorney with whom I'd trust a case with. He is honest, hard working and one of the smartest men I know. Wish I could give more than five stars!
Ernst and Marko is a firm that fights for the people. I have known Jon Marko for ten years and worked with him in civil litigation and an excessive force case. He is an aggressive and tireless advocate who fights for his clients to get them justice.
Marko Law exemplifies professionalism and diligence even in the most laborious cases. You truly feel protected and secure when handing Marko Law your vulnerability. They will always fight to protect your rights.
He was my attorney and couldn't of asked for a more aggressive and down to earth eager ATTORNEY! If you want a lawyer that will WIN then Jon Marko is the Man to call! I highly recommend him and we spoke whenever needed! Thank you again MARKO u were awesome:)
Thank you Jonathan Marko! You took my case and never let me down from day one! I recommend Marko Law; you will not regret it! Jonathan Marko is the most amazing Lawyer ever! The law firm is honest, fair, consistent, hard working and very nice! Thank you again!
Attorney Jon Marko is one of the finest attorneys I have ever had the opportunity to work with. His experience and calm courtroom demeanor leaves him unmatched, and makes him a truly aggressive advocate for his clients.
Marko Law is a breath of fresh air. They're responsive, they care and they get the job done. They have great communication which means you never feel out of the loop. Most of all they work hard until they get the outcome necessary. Love Marko and his team!
The Ernst and Marko Law firm has an amazing group of attorneys and staff that will make sure they give each and every client the personalized legal advice they need! They will fight for their clients to make justice is served! I highly recommend this firm!
I've know Jon Marko for years and he is simply the best. He has helped friends and family through tough times and I would trust him with any legal issue, considering that everyone I know that has hired him has had extremely favorable outcomes.
Jon Marko represented me in a lawsuit. He is extremely smart, hardworking, and dedicated to his clients. I'm an attorney myself so I understand what is required of an exceptional attorney. You will not be disappointed if you hire him and his firm to represent you!
The world needs more protectors like Jon Marko from police brutality. He was kind, generous, and reassuring when I spoke to him. Thank you for being a defender of the every man because it's the right thing to do.
Big shoutout to the Marko Law squad. Gasper was an absolute assassin in the best possible way, and trust me, that's a high compliment coming from me. John Eads and Gasper tag-teamed those negotiations like champs. I'll be sending clients your way for the foreseeable future.
Alex Kay is absolutely a hell of a lawyer! He is compassionate and very thorough at his job! This process was a absolute breeze 🙌
I've been working with attorney Michael Jones for two years and couldn't have asked for a more dedicated attorney. He has never given up on my case and continues to fight hard to make sure justice is served. I highly recommend him to anyone who needs a lawyer who will stand by you.
Michael Jones and his team have been nothing but kind, courteous and very knowledgeable on any question I have had. They always answer my questions and walk me through the process. I would recommend Marko Law and Michael to anyone who needs an outstanding law firm.
From intake through the entire process, Michael Jones and his team have been doing an excellent job representing me. Their timely responses have given me true faith in their ability. I truly feel I could not be better represented anywhere else. Thank you, Michael and Dae!
Marko’s law firm truly has a great team ! Kyla in medical records is very comforting and pays great attention to detail!
I wanted to offer some positive feedback regarding Melody, who answers the phone. I found her to be very polite, cheerful and empathetic. She went above and beyond to make sure I could talk directly to the person who could best help me, and my issue was successfully resolved.
Marko Law is excellent! My case was handled very well. I appreciate the time Alex Kay spent to ensure I received the maximum payout, and his paralegal Tracey was great too. I recommend Alex Kay and Marko Law to everyone who needs a tried and trusted law firm!
Working with Marko Law Firm has been a superb experience! Alex Kay has done a phenomenal job handling my case, and his expertise has made a stressful situation feel much less daunting. He's been nothing but attentive and informative throughout the process.
Ariel Kellersohn is the best in the business. If you want a lawyer who dedicates herself to your case, you have found the right place. She upholds the highest standards of professionalism and is also very personable and easy to talk to. 10/10, if I could leave more than 5 stars I would!
Having Marko Law handle my case was the best decision I made. Alex Kay was excellent; he understood what I have been through and fought for me every step of the way. His dedication guided my case to a successful settlement. I would recommend them for any legal support you need.
What a fantastic experience I had working with the firm. You made me feel like you cared about me and not about making money. The communication was amazing, and you kept me informed on all aspects of my case. I would 100% recommend you and your firm.
They fight for the little guy. The process is generally hard, very hard, and mentally exhausting, but Marko and his phenomenal attorney Cait bring a lot of ease in that process. And WIN! Cait is straight up, honest of the risks and potential outcomes and such and fighter.
Great hard working firm that fights hard for their clients. Jon and his team are knowledgeable, dedicated and great people all around. Their results speak for themselves! Hire Marko!
John Marko handled my son's case wonderfully. He worked for us for 6 years to get my son the best settlement outcome. I highly recommend Marko Law.
I've been working here for three years and I can honestly say Jon Marko is a very passionate attorney with whom I'd trust a case with. He is honest, hard working and one of the smartest men I know. Wish I could give more than five stars!
Ernst and Marko is a firm that fights for the people. I have known Jon Marko for ten years and worked with him in civil litigation and an excessive force case. He is an aggressive and tireless advocate who fights for his clients to get them justice.
Marko Law exemplifies professionalism and diligence even in the most laborious cases. You truly feel protected and secure when handing Marko Law your vulnerability. They will always fight to protect your rights.
He was my attorney and couldn't of asked for a more aggressive and down to earth eager ATTORNEY! If you want a lawyer that will WIN then Jon Marko is the Man to call! I highly recommend him and we spoke whenever needed! Thank you again MARKO u were awesome:)
Thank you Jonathan Marko! You took my case and never let me down from day one! I recommend Marko Law; you will not regret it! Jonathan Marko is the most amazing Lawyer ever! The law firm is honest, fair, consistent, hard working and very nice! Thank you again!
Attorney Jon Marko is one of the finest attorneys I have ever had the opportunity to work with. His experience and calm courtroom demeanor leaves him unmatched, and makes him a truly aggressive advocate for his clients.
Marko Law is a breath of fresh air. They're responsive, they care and they get the job done. They have great communication which means you never feel out of the loop. Most of all they work hard until they get the outcome necessary. Love Marko and his team!
The Ernst and Marko Law firm has an amazing group of attorneys and staff that will make sure they give each and every client the personalized legal advice they need! They will fight for their clients to make justice is served! I highly recommend this firm!
I've know Jon Marko for years and he is simply the best. He has helped friends and family through tough times and I would trust him with any legal issue, considering that everyone I know that has hired him has had extremely favorable outcomes.
Jon Marko represented me in a lawsuit. He is extremely smart, hardworking, and dedicated to his clients. I'm an attorney myself so I understand what is required of an exceptional attorney. You will not be disappointed if you hire him and his firm to represent you!
The world needs more protectors like Jon Marko from police brutality. He was kind, generous, and reassuring when I spoke to him. Thank you for being a defender of the every man because it's the right thing to do.
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.
Ready to make your voice heard?
We’re not here to play games. We’re here to win.
