Schools have a legal duty to protect students, but injuries can still occur when supervision, safety measures, or maintenance fall short. In Michigan, holding a school accountable often involves navigating governmental immunity and identifying specific legal exceptions. Liability may extend beyond the school district to staff, contractors, or other parties depending on how the injury occurred.
No parent is ever fully prepared for that phone call. You are at work, or running errands, or sitting in a meeting, and your phone rings. It is the school. Your child has been hurt. In the seconds before you hear the details, your mind races through every possible scenario, and none of them are good.
Schools are places where parents place an enormous amount of trust every single day. You send your child through those doors believing that the adults in charge will keep them safe, that the building they spend their day in is well maintained, that the playground equipment is sound, and that someone is watching out for them. When that trust is broken and a child comes home injured, or does not come home at all, the grief and confusion that follow are overwhelming.
What many Michigan parents do not know in those first painful hours is that the law may be on their side. Schools have legal obligations to protect the children in their care, and when they fail to meet those obligations, families may have the right to pursue justice and compensation. Understanding how Michigan law works in these situations is one of the most important things a parent can do after their child is hurt at school.
The Concept of In Loco Parentis
Michigan law recognizes the doctrine of in loco parentis, a Latin phrase meaning "in the place of a parent." When a child is at school, the school and its staff are expected to act with the same level of care and supervision that a reasonably prudent parent would exercise. This is not a vague or aspirational standard. It is a legal obligation, and it forms the basis for school negligence liability in Michigan.
How Michigan Law Defines the School's Duty of Care
Michigan schools, both public and private, owe students a duty of reasonable care. That duty encompasses the physical safety of the school building and grounds, the supervision of students during school hours, the competent instruction and oversight of students during physical activities, and the protection of students from foreseeable harm caused by other students, staff, or conditions on school property.
The duty is not absolute. Schools are not expected to prevent every possible injury under every conceivable circumstance. But they are expected to take reasonable steps to identify risks, address known hazards, provide adequate supervision, and respond appropriately when dangerous situations arise.
When the Duty Applies
The school's duty of care does not begin and end at the classroom door. Michigan courts have recognized that the duty extends to:
Governmental immunity is a legal doctrine that generally protects government entities, including public schools and school districts, from being sued for negligence. The principle traces back to the old common law idea that the government cannot be sued without its consent, and while Michigan has modified and limited that principle significantly over the decades, it remains a powerful defense available to public school defendants.
The Michigan Governmental Tort Liability Act
The Michigan Governmental Tort Liability Act (GTLA) is the statute that governs when and how government entities in Michigan can be held liable for injuries. Under the GTLA, government agencies are generally immune from tort liability when they are engaged in the exercise or discharge of a governmental function. Public education is considered a governmental function, which means that public schools in Michigan start from a position of legal protection that private defendants do not enjoy.
This does not mean that public schools can never be held liable for injuring a child. It means that to bring a successful claim against a public school, you must identify a specific statutory exception to governmental immunity that applies to the facts of your case.
The highway exception to governmental immunity allows claims arising from the failure to maintain public highways, roads, and sidewalks in reasonable repair. While this exception is most commonly associated with road defect cases, it can apply in school injury situations when the injury occurs on a public sidewalk or roadway that falls under the school district's maintenance responsibility.
The public building exception is the most frequently invoked exception in school injury cases. It allows claims against government entities for injuries caused by a dangerous or defective condition of a public building when the government entity knew or should have known about the condition and failed to remedy it within a reasonable time.
This exception has been applied in Michigan school injury cases involving structural defects, dangerous stairways, broken fixtures, and other physical conditions within school buildings. Critically, the exception requires that the dangerous condition be part of the building itself, not simply a transient condition like a spilled liquid. Michigan courts have interpreted this exception with varying degrees of breadth over the years, and the specific facts of each case determine whether it applies.
The motor vehicle exception allows claims against government entities for injuries arising from the negligent operation of a government-owned motor vehicle. In the school context, this exception is most directly relevant to school bus accidents and injuries caused by vehicles operated by school district employees in the course of their duties.
The proprietary function exception applies when a government entity is engaged in an activity that is more commercial or business-like in nature than it is governmental. This exception is less commonly applicable in pure school injury cases, but it may become relevant in situations where a school is charging admission for an event, operating a commercial facility, or otherwise acting in a capacity that resembles a private business rather than a government function.
The School District
In public school cases, the school district is typically the primary defendant. The district, as the governmental entity responsible for operating the schools within its jurisdiction, bears institutional responsibility for the policies, staffing, maintenance, and operations that gave rise to the injury.
Individual Teachers and Staff Members
Individual school employees can be named as defendants in certain circumstances. Under Michigan law, government employees can lose their individual immunity when their conduct amounts to gross negligence, defined as conduct so reckless as to demonstrate a substantial lack of concern for whether injury results. When a teacher's or staff member's conduct rises to that level, they may face personal liability in addition to the district's institutional liability.
School Administrators
Administrators who made policy decisions, failed to respond to known safety concerns, or took actions that contributed to the conditions causing a student's injury may share liability. This is particularly relevant in cases where a dangerous condition was reported up the chain and nothing was done.
Third-Party Contractors
Schools regularly contract with outside vendors for maintenance, construction, food service, transportation, and other services. When a contractor's work or failure to work creates a dangerous condition that injures a student, that contractor may be liable as a separate defendant outside the protection of governmental immunity. This is an important avenue to explore in cases involving building defects or equipment failures.
Parts and Equipment Manufacturers
When a student is injured by a piece of equipment that was defectively designed or manufactured, the manufacturer and distributor of that equipment may face product liability exposure regardless of whether the school was also negligent.
Other Students and Their Parents
In cases involving assault, bullying, or other intentional conduct by a fellow student, the student who caused the harm and potentially their parents may be additional defendants in a civil claim. Michigan law imposes parental responsibility in certain circumstances for the intentional torts of their minor children.
Every child who walks through a school door deserves to walk back out safely. That is not an unreasonable expectation. It is a legal obligation that Michigan schools are required to meet, and when they fail to meet it, the families of injured children have the right to pursue accountability and compensation.
At Marko Law, we fight for injured children and their families with the same commitment and intensity we bring to every case. We know how to navigate governmental immunity. We know how to build school negligence cases that hold up in court. And we know how to make sure that the full scope of your child's harm is recognized and compensated. No school district, no insurance company, and no institutional defense team will outwork us on behalf of your family.
If your child has been hurt at school and you believe the school may be responsible, you do not have to face this alone. Contact Marko Law today for a free case evaluation.
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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.
Alex Kay is absolutely a hell of a lawyer! He is compassionate and very thorough at his job! This process was a absolute breeze π
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!
Markoβs 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 donβt just take cases β we take a stand. Whether you're facing an injury, injustice, or outright negligence, our team fights like itβs personal β because to you, it is.
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