On-Campus Injuries College Campuses Can Be Liable For

College campuses are enriching environments for students and visitors alike. However, with so many people in this vast space, the risk of personal injury increases. Injuries from poorly maintained walkways, facilities, and equipment can unexpectedly change someone’s life.  

While most accidents are preventable, they can be devastating when they do happen. Filing a case against a college or university comes with its own legal obstacles and special rules. This depends on the campus and its affiliation with the government. Speaking to a Century City injury law firm like Vaziri Law, LLP, can shed some light on the filing process and help people in their time of need.  

Common Personal Injury Cases on College Campuses 

Students can be injured in multiple ways, such as:  

• Slip and fall accidents 

• Sport injuries 

• Assaults, fights, and other intentional injuries  

• Campus housing accidents 

• Traffic and Bicycle accidents 

• Faulty equipment 

• Exposure to mold and hazardous materials 

• Poor maintenance 

Common Injuries from Accidents on a College Campus 

• Neck injuries 

• Head injuries  

• Fractures and sprains 

• Back injuries  

• Cuts and lacerations 

• Organ damage  

• Internal bleeding 

• Spinal cord injuries 

• Wrongful death  

A College Campus’s Duty of Care 

Visitors, commuter students, and students who live on campus are owed a duty of care.  In general, personal injury law works similarly on-campus as off. However, because college campuses have their own administrative policies, campus safety guidelines, and other responsibilities, it can sometimes make liability and expectations muddy. 

Premises Liability 

Colleges and universities have a legal obligation to maintain safe conditions on their premises. This includes keeping walkways, dorms, classrooms, and other facilities properly maintained. The campus and its staff should also inform people about wet floors, broken railings, and other unsafe conditions in a timely manner.  

A failure to meet this standard can be grounds for being held liable for negligence.  

What is Negligence?  

Negligence is determined by four factors: duty of care, breach, causation, and damages. Each of these factors must be proven to successfully file a personal injury case. 

Duty of Care 

This means that the defendant had a legal obligation to avoid harming others. On a college campus, this can mean informing people on campus about potential dangers such as wet floors, harmful substances, and obstacles. 

Breach of Duty 

Failure to inform or protect people from dangers is a breach of duty. For example, if a campus fails to inform visitors of a hazard, such as a broken railing, they can be found guilty of breaching their duty.  

Causation 

In addition to breaching their duty, a plaintiff must also prove that the breach of duty was the reason the injury happened. If a broken railing led someone to trip and fall onto the ground or stairs which then led to a broken jaw, that could be causation.  

Damages 

Plaintiffs must also prove that they suffered harm because of the accident. The harm can be emotional, physical, and/or financial. In the case of a broken jaw, the plaintiff would have a case due to the physical and financial damages they’d incur from medical treatment and recovery.  

Assumption of Risk for Athletic Environments 

With student athletes or other physical classes, the assumption of risk comes into play. This means that when students participate in physical activities like sports or gym classes, students agree that there are certain risks to those activities. This means that if a student trips over their own feet or does an activity in an unsafe manner, that is not the school’s responsibility. 

However, campuses must provide safe equipment, reasonable supervision, and maintained facilities. A campus can be held liable for any damages if an accident happens because they failed to provide a safe environment for these activities.  

How to File a Claim Against a Government Entity  

California Tort Claims Act (CTCA) allows people to sue the state and local government for a personal injury, property damage, and/or wrongful death case. To sue the government, people need to file a claim no more than six months after the incident. If you take longer than six months, the case will not be considered.  

What If My Campus is a California State School?  

A California university, like one of the CSUs or UCs, is considered a government institution. However, they are not covered by the CTCA. To begin the filing process against these institutions, clients must go through the campus’ procedure to file a case. 

How to Collect Evidence After an Accident 

The actions you take immediately after an accident often determine the strength of a case. Get as much information as possible before meeting with a Century City injury law firm.   

1. Take photos. – Photograph the scene, including any hazardous conditions.  
2. Capture video of the accident scene. – Take video of the surrounding area, including any obstructing items and other hazardous materials 
3. Get the contact information of other parties. – If applicable, like in a car accident, exchange contact and insurance information with the other parties. 
4. Collect witness contact information. – Get witness statements and witness contact information. 
5. Report the accident. – Inform campus authorities and get a copy of the report.  
6. Get medical attention as soon as possible. – Go to the doctor and keep copies of all the medical records, bills and correspondence with the campus and anything relating to the injury. 

Common Compensation in a Personal Injury Case 

In a personal injury case, people aim to be compensated for any damages they’ve experienced. Common compensation for a case typically involves: 

Economic Damages 

These damages refer to calculable losses. These include: 

• Medical visits 

• Medical procedures 

• Home renovations to accommodate a new condition  

• Lost wages 

Non-Economic Damages  

These damages refer to intangible damages like psychological ailments. These include:  

• Pain and suffering 

• PTSD 

• Anxiety 

• Loss of consortium 

• Loss of enjoyment 

Punitive Damages  

If a campus is found to be knowingly negligent in its duty to maintain the standard duty of care, then they may be fined punitive damages. These damages are awarded to the plaintiff as a bonus to their compensation.  

Academic Impact 

In a case where a student is affected by a personal injury case, they may be compensated for tuition loss, missed credits, or withdrawal from courses.  

Third Party Liability  

Many campuses hire third parties to do landscaping, cafeteria work, security, and maintenance work. If an incident happens involving one of these parties, the school may not be held responsible for damages.  

Campuses also rent out certain spaces for weddings, filming, meetings, and other private events. If someone is harmed because of one of those parties, the campus will also not be held liable for any damages.  

FAQ 

Do I Have a Case If I Was Injured Inside a Dorm Room?  

If you were injured due to furniture or appliances that the campus is supposed to maintain, you may have a case. Contact a Century City injury law firm for more information.  

How Do I Know Who is Liable? 

Through investigation! Using the evidence you provide the campus and your attorney with, the lawyers will recreate the scene to identify who is responsible. In some cases, you’ll have multiple parties responsible for the damages. Other cases may just have one liable party. It depends on the evidence provided.  

Can I be Held Liable? 

California recognizes comparative negligence, which means that at-fault parties can recover compensation after an accident. However, the percentage of responsibility each party has depends on the evidence presented. For example, in some cases, it can be split 90/10, in others 60/20/20.   

How Long Do I Have to File a Case?  

The statute of limitations is two years in most standard claims. However, it is highly recommended to file a case sooner rather than later due to the legal parameters that can make filing a case against a college campus complicated.  

What if I’m Under 18? 

If you’re under 18, your parents can file a case for you, or you can wait until you turn 18 to file a case. If you wait until you turn 18, you have six months after your birthday to file a case. Make sure you keep a record of your accident and recovery process in an accessible and safe place. 

If you have any questions, contact a Century City injury law firm to learn more! 

Do I Need a Lawyer?  

Not all cases require an attorney. However, speaking to an attorney can shed some light on your case. They can also advise you to either file or settle based on the information you provide.   

Can I Represent Myself? 

You can, but it’s not recommended if you suffered complex or serious injuries, if liability is disputed, or if you aren’t sure of your rights. Legal experts like personal injury lawyers can reduce the stress and burden of bringing a claim. If your case goes to trial, your attorney will create your opening remarks, do cross examinations, and utilize the evidence provided by the other parties to build your defense. 

Should I Take the First Offer I’m Given? 

That depends. If your injury was minor and didn’t alter your life, then maybe yes. However, if your insurance is trying to avoid compensating you for your surgeries and other expenses, then seek a second opinion. Speak to a Century City law firm for the best advice regarding your situation.  

I Can’t Afford a Lawyer. How Can I Pay?  

Most injury lawyers work on a contingency basis. This means that if a lawyer wins your case, they will take an agreed-upon percentage of the compensation. Most attorneys take 30 – 40% attorneys’ fees.  

Speak to your lawyer about their contingency fee to get a personalized quote.  

My Campus Isn’t a State School. Do These Rules Still Apply?  

Most private campuses and trade schools are considered businesses. However, it is highly recommended to visit an attorney to learn if your campus is party to government rules to file a case.  

Contact a Century City Injury Law Firm Today!  

Getting injured on a college campus can be scary, especially as a student. However, Vaziri Law, LLP, a Century City injury law firm, is an accessible resource for legal help and counsel. We are here to evaluate your case and guide you throughout the filing process.