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

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

Posted

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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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Daniel J. Melican

Daniel J. Melican

Posted

Good answer.

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

Thank you; appreciate you taking the time to recognize.

Asker

Posted

Thanks for your advice.

Posted

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 your attorney. This post is intended to provide some helpful insight into your particular situation, but it should not be taken as legal advice. If you would like to discuss your Georgia Personal Injury or Medical Malpractice case, I am happy to discuss your specific situation with you at no cost to you. I can be reached at 404-996-5157 or Fareesh@SarangiLaw.com. If you found this Answer "Helpful" or " The Best Answer", please click the tab indicating that. Thank you!

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Daniel J. Melican

Daniel J. Melican

Posted

Good answer.

Asker

Posted

Thank you both and the rest whom have given quick responses. Spoke with 2 lawyers, one who would not look at it and another who said the same as you Mr. Melican. I'm awestruck at this ( Governmental Immunity) crap. If I perform at a very substandard rate I intend to be fired. Worse consequences should happen when you are endangering the safety of Kids.... However they said there maybe a loophole as maintenance and snow removal is subcontracted to a company named "Reliant" in Muskegon Mi. Was told to contact Nolan and Nolan, so that will be my plan tomorrow. Thank you again.

Daniel J. Melican

Daniel J. Melican

Posted

Definitely consult the attorney tomorrow. There are also strict notice provisions for claims against governmental entiities. It is somewhat complicated but there is a case called Loweke v. Ann Arbor Ceiling and Partition Co., LLC that should be reviewed as well as Fultz v. Union Commerce Associates, 470 Mich 460 (2004), and all case that have relied on or interpreted or "clarified" it. The fact that the premises are school property is very problematic and furthermore the claimed negligence is nonfeasance (failure to do something) and not the creation of a new hazard.

Daniel J. Melican

Daniel J. Melican

Posted

cases not "case". Sorry for the typo.

Posted

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

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Daniel J. Melican

Daniel J. Melican

Posted

Good answer.

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

And short too! Thanks.

Posted

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.

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Asker

Posted

Thank you for your insight.

Posted

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.

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Daniel J. Melican

Daniel J. Melican

Posted

Unfortunately harsh truths are still truths. See: Hoffner v. Lanctoe, Michigan Supreme Court July 2012 for further confirmation of Mr. Goldman's opinion. That said, definitely get additional opinion at your appointment tomorrow.

Posted

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

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Posted

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

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Posted

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 fashion. New laws are passed and the Court of Appeals and Supreme Court decide cases that change the law. As a result, we recommend that you contact a licensed attorney who specializes in this area of the law.

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Posted

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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