Troy, MI asked in Education Law and Personal Injury for Michigan

Q: Complaint and Claim Based on Injuries Caused by Negligence at a private Islamic religious school.

On January 22nd, 2019, Sara, my daughter, was pushed by another student and fell on her head on a concrete floor covered in carpet.

The coordinator of the Tawheed center, Wahajuddin, refused to call the police to report the incident, instead, he called me and asked me to pick up my daughter to take her to the ER. Since then, our life has turned around.

ONLY due to this accident, Sara today is suffering from:

-Traumatic Brain Injury (TBI), with a Cyst on the brain.

- post-concussion syndromes

- Visual Convergence insufficiency, Visual & auditory processing issues

- balancing issues

- Depression, anxiety, and stress.

The main reason for my complaint is:

The neglect that my daughter received from the school. I understand that a school is not an insurer of a student’s safety, but a school does have a duty to exercise reasonable supervisory care for the safety of students and is liable for injuries resulting from the failure to supervise.

1 Lawyer Answer
John Francis Nicholson
John Francis Nicholson
Answered

A: You raise a number of good issues; however, I believe it is less complicated. The school must have premises liability to cover any injuries to persons on the premises that are there legally. The facts that you allege regarding negligence help your argument and serve to defeat a defense that your daughter contributed to her own injury.

It does not sound like you have contacted an attorney. I suggest you contact a personal injury attorney as a starting point.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.