Sue public School ? Slip&fall. Daughter has fallen at highschool. Not the first time. Negligence with snow and ice is ongoing.

Asked about 1 year ago - Muskegon, MI

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??

Attorney answers (9)

  1. Daniel J. Melican

    Contributor Level 13

    4

    Lawyers agree

    1

    Answered . 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.

    Always consult an attorney IMMEDIATELY as there are time limitations on filing a lawsuit.
  2. Ezra N. Goldman

    Contributor Level 16

    4

    Lawyers agree

    Answered . Nothing. Aside from governmental immunity, natural accumulation of snow and ice is not actionable in Michigan. Ignore what lawyers from others states tell you. My opinion is that you are out of luck. I encourage you to seek another opinion.

  3. Fareesh S. Sarangi

    Pro

    Contributor Level 13

    5

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    Answered . 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.

    * Please note that I am a Personal Injury and Medical Malpractice Attorney practicing in Georgia, but I am not... more
  4. Jeffrey Mark Adams

    Contributor Level 20

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    Answered . 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.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . I'm sorry to hear about this, but it sounds like the cards are stacked against you.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  6. Robert Bruce Kopelson

    Pro

    Contributor Level 20

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    Answered . Contact a local injury lawyer asap. It is always harder to sue a public entity like a school district.

  7. Dani K. Liblang

    Contributor Level 12

    1

    Lawyer agrees

    Answered . 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.

  8. Sagi Shaked

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . It sounds you have a case. You need to contact an attorney who is board certified in civil trial law.

  9. Jason A. Waechter

    Contributor Level 7

    Answered . Very difficult case. My opinion is there is probably governmental immunity. You may feel better if you complain in writing to the school's super attendant only because you may get the result of having them do a better job so this does not happen to anyone else in the future.

    not a complete and all encompassing informative guide to the law. Every year, the Michigan Law changes in some... more

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