An analysis of Michigan court decisions concerning public school tort liability and governmental immunity

Public school administrators in Michigan are faced with several considerations that impact the management of their organizations. Civil liability is an important consideration in the decision making of public school administrators. This study was limited to an analysis of tort liability lawsuits in Michigan public schools in the last thirty (30) years. It was a legal and historical study of those activities that public school administrators should avoid in order to limit their exposure to civil liability. Because this study was limited to tort liability, the analysis did not include a discussion of civil rights, employment, collective bargaining, and other forms of potential civil liability.; Eighty (80) Michigan appellate cases were selected from traditional library services and electronic databases. The cases were researched under the following six criteria: (1) Cite the legal decisions pertaining to public school tort liability; (2) Disclose the activities, behaviors, or conditions that were involved in the litigation; (3) Identify the rationale for each of the legal decisions handed down by the court; (4) Discuss any similarities or disparities among court decisions; (5) Review all applications of governmental immunity; and (6) Conclusions that can be drawn from the selected cases.; Today, with little exception, public school administrators, teachers, employees, and volunteers enjoy governmental immunity from tort liability. School personnel in Michigan enjoy the benefits of governmental immunity from suit so long as they do not engage in grossly negligent behavior. Also, the astute administrator should limit his/her exposure in the remaining ordinary negligence areas by addressing problems in transportation, the conditions of buildings, the conditions of roadways and signs, and limiting or eliminating pecuniary functions.; This form of legal research provided a thorough review of the current status of tort liability in Michigan public schools. This review identified pertinent Michigan appellate cases and the extent to which those cases are cited as authority or have been subsequently overruled. This analysis of the cases and the issues they present will be of importance to current and future public school administrators.