You or your loved one may be away from home when on campus, but you still expect to be safe. You might even be a visitor attending a function or going there for work. Well, just like most other institutions, colleges are governed by premises liability law. Most campuses are required to have policies and systems that ensure safety for everyone on-premise. Unfortunately, some might act in negligence, leading to issues like slip and fall accidents that might cause personal injuries and even death! Well, you might be wondering if you can sue the institution you confidently placed your trust in when something goes wrong? Let’s expound more on your rights in such a scenario:

Can you sue a college or university?

For starters, this will depend on the nature of the college or university. If it is a private university, you can file a campus safety lawsuit, since the learning institutions are more or less private businesses. That said, the rules may be a little different if the institution is a charitable organization, making it immune from legal liability. However, if the private college or university does not enjoy immunity from the laws in the jurisdiction, a victim can sue for negligence in case of criminal happenings.

Suing a public university, on the other hand, may not be as simple since they are a form of a government entity. The state legislature may forbid lawsuits against public and semi-public institutions. That said, you may sue the institution if the jurisdiction of the state where the school is permitted.

How can you prove that the university or college is liable for negligence?

To win when suing a learning institution for negligence, you have to show that the institution failed to do its part in keeping the campus and students safe. You can use a claim for premises liability to showcase that. If the injury or harm occurred due to the failure of the institution like if the college or university refused to address safety concerns, you could sue them for negligence. You must demonstrate that the school was aware of an existing security concern they ignored.
Use witnesses, prior incidences, or correspondence to show that the school was aware. You could also submit videos and photos showcasing the unsafe campus conditions like lack of lighting or broken fences. Review the contract the institution provided to show their duty of care. That way, you can prove that the institution breached its duty of care.

Do you need to get a lawyer?

If campus safety is neglected, it increases the chances of slip and fall accidents. Consequently, the injured parties can file lawsuits for negligence. More specifically, if you are injured on campus, you should seek legal help from a personal injury lawyer to file a lawsuit. In case the accident escalates to fatality or death, the victim’s family should get help from a wrongful death lawyer to get justice. Remember that no matter the scenario, seeking legal help is your best chance of fighting for your rights and getting the compensation you deserve. An experienced attorney in your area will be familiar with all the laws in your state. They can explain your rights and help you understand if your claim will be viable. An attorney can also advise on recourse options available for you and negotiate for appropriate compensation if the institution offers to settle matters outside of court.

What damages can you recover in a campus safety lawsuit?

If your campus safety lawsuit goes through to become successful, there are different remedies you may recover. Here are the types of legal damages you expect to get with a successful campus safety lawsuit:

●      Punitive damages

The jury and courts award punitive damages in extreme cases, making them difficult to obtain. A court may choose to offer punitive damages to an institution if it is clear that the institution is aware the campus is not safe or has been sued multiple times for safety concerns, but still does nothing to keep the campus and students safe.

●      Compensatory damages

Compensatory damages include compensation for hospital bills, loss of income, future income, wrongful death, emotional distress, etc. The plaintiff can get economic and non-economic compensatory damages when they win the case.

●      Other remedies

The court could also order the institution to onboard a new system and policies to make the campus safer. The campus may be required to encourage the staff and students to take safety courses, create a safety education program and take action against the perpetrators.

Final remarks

Learning institutions owe some level of safety and care to people on the campuses, whether staff or students. The amount of care they are liable for varies from state to state. If an avoidable incident occurs due to the laxity of the institution, you are well within your rights to sue them for negligence. Speak to a top lawyer to help fight for your rights.
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Wednesday, July 6, 2022