Asked 3 months ago - Muskegon, MIFlag
7 years my daughter suffered a stroke after brain surgery making her right side week. Amazing recovery with lots of hard work but still weak. She has fallen at school due to negligence of wet floors. We have also not been able to send her to school because of the lack of salt and snow removal. Today while leaving for lunch my daughter fell on the unsalted sidewalk all ice. While my wife went to help her, she too fell on the ice. A gentlemen had to pick them both up off the ground. This is not their first complaint and the result is my daughter broke 2 bones on the arm we have been trying to get stronger for the past seven years! I'm livid and need and advocate. Words on this administration fall on deaf ears. Someone needs to take responsibility. What can I do??
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Short answer is that there is governmental immunity. I don't believe they have any liability for failure to salt or for wet floors on school grounds. Your best bet is to consult a local personal injury attorney who can get detailed and specific facts from you and check the current state of the law.
I'm sorry for what you have had to go through in trying to nurse your daughter back to health, and I can sympathize with your frustration. Search Avvo for personal injury attorneys in you area and discuss your case with them. They will be in the best position to redress your concerns about this slip and fall, as well as help you press for long term solutions. Good luck.
Speak with a local and qualified personal injury litigation attorney; in fact, interview several. Perhaps there is a local politician, alderman, public advocate, consumer/investigative reporter who will champion/advocate your genuine and legitimate concerns. Act quickly. All the best for a full and speedy recovery to your daughter.
The other attorneys are correct that you face an uphill battle due to Michigan's governmental immunity law. However, there may be another angle -- I suggest that you talk with a local attorney who specializes in school law. Because your daughter has a medical impairment, the school may have a statutory duty to accomodate her and there may be recourse for their failure to do so.
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