Legal Question in Personal Injury in Michigan

child injured at school

My 5 year old was injured at school (an early childhood development program at a public elementary school). He was sent home with a black eye, possible broken nose, and swelling of the nose and cheek area. I did not receive a phone call from the school until I asked what happened. I also didn't receive a note in my son's backpack. The injury happened in the classroom during a game. My son says another child hit him the teacher said my son fell on his own accord.

Is the school responsible?

Shouldn't I have received a phone call or at least a note?


Asked on 3/14/04, 10:43 am

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: child injured at school

Schools have protection due to governmental immunity. You can hold the teachers responsible only if you can show gross negligence. If another child hit your child, it is very, very difficult to show even ordinary negligence on the part of the teacher. If your child fell, of course the school is not responsible. However, for the failure to notify you of such an injury, that is not the cause of your son's injury. Therefore, no liability on the school or teacher. However, perhaps you want to take it up with the administration. Bill Stern 248-353-9400

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Answered on 3/14/04, 12:03 pm


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