Kids Hurt at School? Your Legal Rights as a Michigan Parent

School injuries—from playground falls to bullying assaults—can leave lasting physical and emotional scars on children. Michigan law allows families to pursue claims when reckless supervision, unsafe conditions, or civil rights violations cause harm. Public schools face immunity except in cases of gross negligence, dangerous premises, or constitutional breaches, while private schools and third parties can be sued more broadly. Acting quickly to document incidents and consult an attorney ensures your child’s rights are protected.

Kids Hurt at School? Your Legal Rights as a Michigan Parent

Every parent sends their child to school expecting safety, structure, and supervision—not bruises, broken bones, or emotional scars. Schools are supposed to be places of learning, not places where negligence or misconduct causes harm.

But the reality is this: injuries at school happen. And when they do, the system doesn’t always do right by your family.

Whether it’s a playground fall, a physical assault by another student, or an injury caused by careless supervision, the aftermath can leave you feeling overwhelmed and powerless. Schools may avoid taking responsibility. Reports may go missing. Staff may downplay what happened.

Michigan law allows parents to seek accountability when a school’s failure causes harm. There are legal paths forward—but they aren’t always easy to navigate. From government immunity laws to strict timelines, these cases are full of challenges. But they’re also full of opportunities for justice.

If your child has been hurt at school, you don’t have to stay silent. There are steps you can take to protect your child, hold the right people accountable, and make sure this doesn’t happen to someone else’s kid tomorrow.

Your Child’s Rights Under Federal and State Laws

Federal Protections

Section 1983 – Civil Rights Violations & Excessive Force

Under 42 U.S.C. § 1983, parents can sue school officials for violating a child’s constitutional rights—including unreasonable searches, seizures, and the use of excessive force.

If a teacher, coach, or school resource officer uses inappropriate physical restraint, abusive discipline, or ignores due process in disciplinary actions, this law provides a direct path to justice.

Title IX – Sex/Gender Discrimination & Harassment

Title IX doesn’t just apply to college athletes. It protects all students—from K-12 through higher education—from discrimination based on sex or gender.

That includes:

  • Sexual harassment or assault by staff or other students
  • Unequal treatment in school activities or sports
  • School officials ignoring reports of harassment

IDEA and Section 504 – Disability Rights

Students with disabilities are protected under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act.

These laws require schools to provide:

  • Proper accommodations (504 Plans)
  • Individualized Education Programs (IEPs)
  • Safe, non-discriminatory learning environments

Michigan State Protections

Elliott-Larsen Civil Rights Act

This law prohibits discrimination in Michigan schools based on race, religion, national origin, gender, and more. It can be a powerful tool if your child was mistreated or ignored due to bias or identity.

Michigan Anti-Bullying Law

Michigan law requires schools to have anti-bullying policies and take meaningful action when a student is being targeted. If the school knew about the bullying and failed to intervene, they may be liable for any resulting harm.

Mandated Reporting Obligations

Every teacher, coach, counselor, and school staff member in Michigan is a mandatory reporter. That means they are legally required to report suspected abuse or neglect to child protective services.

Governmental Immunity in Michigan: What It Means for Public Schools

If your child was injured at a public school, you’re not just dealing with school administrators—you’re up against the law itself.

That’s because in Michigan, public schools and their employees are protected by something called governmental immunity under MCL 691.1407. This legal doctrine can block lawsuits against schools and their staff—even when a child is seriously hurt.

Governmental immunity protects public entities (like school districts) and their employees from being sued for actions performed during the course of their job—unless certain strict exceptions apply. It’s designed to shield public agencies from constant litigation, but unfortunately, it can also prevent families from getting justice when something goes wrong.

When Immunity Doesn’t Apply

Michigan law carves out specific exceptions where public schools can be held liable. These include:

  • Gross Negligence: More than just carelessness. The conduct must show a reckless disregard for a student’s safety. For example, if a teacher allows dangerous horseplay in gym class or ignores a serious medical need.
  • Public Building Exception: If your child was injured due to a hazardous condition in the school’s building—like a broken stairwell, faulty door, or crumbling ceiling—the school may be held responsible for failing to maintain safe premises.
  • Civil Rights Violations: If a student is harmed due to discrimination, excessive force, or violations of their constitutional rights (e.g., due process, Title IX), immunity may not apply.

Who Can Be Held Legally Responsible?

School Districts or Public Charter Schools

Public schools are government entities, which means they’re protected by a legal shield called governmental immunity. This doesn’t mean they’re untouchable—but it does make suing them more complex.

To hold a public school liable, you typically must show:

  • Gross negligence (not just carelessness, but reckless disregard for safety)
  • Failure to maintain a public building, such as crumbling stairs or unsafe railings
  • Violations of a student’s constitutional or civil rights

Private Schools

Private schools don’t enjoy the same immunity as public ones. They can often be sued under more traditional negligence theories. If a private school failed to provide proper supervision, allowed unsafe conditions, or didn’t respond to known risks, they may be fully liable for your child’s injury.

Teachers, Coaches, and School Staff

Individual school employees can also be held responsible—especially if their actions went beyond poor judgment and into gross negligence or abuse. Examples include:

  • A coach forcing a child to play through an injury
  • A teacher physically restraining a student inappropriately
  • A staff member ignoring repeated bullying complaints

Bus Companies or Drivers

School transportation providers have a duty to keep students safe. If a bus driver causes a crash, doesn’t secure a child properly, or allows unsafe behavior, they can be held liable—along with the company or school district that employs them.

For outsourced bus services, the private company may bear direct responsibility.

Outside Vendors and Contractors

Many schools outsource maintenance, food services, security, and construction. If a child is injured due to the actions (or inaction) of one of these vendors—such as a janitor leaving a slippery floor unmarked or a contractor leaving dangerous tools unattended—that company can be held accountable.

When You Can Sue a School or Staff Member

The Injury Was Due to Gross Negligence

Michigan law sets a high bar for suing public schools or employees. You must prove more than a simple mistake. You need to show gross negligence—a reckless disregard for student safety.

Examples include:

  • A gym teacher ignoring repeated warnings about broken equipment
  • A staff member leaving children unsupervised during recess
  • A bus driver texting while transporting students

This isn’t about “bad judgment.” It’s about putting kids at risk in a way no responsible adult should.

The School Failed to Protect Your Child From Known Dangers

Schools have a legal duty to act when they know—or should know—that a danger exists. If a student is being bullied, if playground equipment is visibly broken, or if prior incidents have gone unaddressed, the school can be held responsible for ignoring the risk.

Failure to act on known threats is a major legal failure—and it can open the door to a strong lawsuit.

There Was a Civil Rights Violation or Discrimination

When harm is tied to your child’s race, gender, disability, or other protected status, it may rise beyond negligence and become a civil rights violation.

This includes:

  • Racially motivated discipline or harassment
  • Sexual harassment ignored under Title IX
  • Schools failing to provide services under a 504 Plan or IEP
  • Retaliation against a student who reported mistreatment

Civil rights claims are powerful tools. They not only seek compensation but can also push for real institutional change.

An Employee Used Excessive Force or Committed Abuse

No school employee—teacher, principal, coach, or staff—has the right to harm your child. If an adult at school:

  • Physically restrained a student inappropriately
  • Used force as discipline
  • Verbally or emotionally abused a child
  • Engaged in any form of assault or misconduct

...that crosses the line into personal injury, civil rights violations, or even criminal behavior.

Your Child Deserves Safety—and Justice

No one can rewind time and undo your child’s pain. But holding the right people accountable can stop it from happening again—to your child or someone else’s.

Whether your child was hurt because of gross negligence, bullying, unsafe conditions, or abuse by a trusted adult, you don’t have to settle for silence. You don’t have to accept excuses. And you absolutely don’t have to take the first offer an insurance company throws at you.

At Marko Law, we understand how emotional, overwhelming, and infuriating these cases can be. That’s why we bring more than legal skill—we bring tenacity, empathy, and a relentless drive to protect Michigan families.

Contact Marko Law for a Free Case Evaluation

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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.

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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.

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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!

Ken
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Marko’s law firm truly has a great team ! Kyla in medical records is very comforting and pays great attention to detail!

Danielle Burkes
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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.

Geri Wilson
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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!

Ron Merritt II MBA, Environmental Commissioner for Van Buren Twp.
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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.

Tiffany
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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!

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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.

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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.

M. Solomon
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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.

Hothman Misane
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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!

Mike Hathaway
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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.

Camilla Barnes
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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!

Marissa W.
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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.

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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!

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★★★★★

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.

Erick Monzo
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★★★★★

Alex Kay is absolutely a hell of a lawyer! He is compassionate and very thorough at his job! This process was a absolute breeze 🙌

Jessica Kelly
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★★★★★

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.

Tamara Murphy
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★★★★★

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.

Aaron Thomas
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★★★★★

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!

Ken
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★★★★★

Marko’s law firm truly has a great team ! Kyla in medical records is very comforting and pays great attention to detail!

Danielle Burkes
Quote icon
★★★★★

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.

Geri Wilson
Quote icon
★★★★★

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!

Ron Merritt II MBA, Environmental Commissioner for Van Buren Twp.
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★★★★★

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.

Tiffany
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★★★★★

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!

Trinity Delaney
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★★★★★

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.

Joe Hinkle
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★★★★★

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.

M. Solomon
Quote icon
★★★★★

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.

Hothman Misane
Quote icon
★★★★★

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!

Mike Hathaway
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★★★★★

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.

Camilla Barnes
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★★★★★

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!

Marissa W.
Quote icon
★★★★★

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.

Joe S.
Quote icon
★★★★★

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.

Allie S.
Quote icon
★★★★★

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:)

Holly L.
Quote icon
★★★★★

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!

Monique T.
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★★★★★

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.

Hamid S.
Quote icon
★★★★★

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!

Lauren G.
Quote icon
★★★★★

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!

Ruvayn R.
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★★★★★

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.

Olivia H.
Quote icon
★★★★★

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!

Andy R.
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★★★★★

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.

Dawn R.

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