You expect to hear about some accidents and injuries on college campuses. Everyone from students and faculty to visitors can injure themselves on a college campus. Even small campuses can have hazards.
Everything from a slip-and-fall accident in the dorm to a car collision in a parking lot can happen on campus. Thankfully, not all accidents result in injuries or significant property damage, but some do. This ultimately means that your next step is determining liability for college campus injuries and this isn’t always easy.
When are Schools Responsible for Damages Sustained on Campus?
All colleges and universities are responsible for maintaining their campuses. Schools must provide a safe environment for everyone, which includes clearing any debris from walkways, parking lots, and streets as well as making sure that all building hallways, classrooms, and dorms don’t present a potential safety hazard.
Some accidents aren’t the responsibility of the school. For example, if an athlete is injured during practice or a game, the school typically isn’t liable, and this applies as long as the injury is considered normal. And yes, we get it, this can be a little confusing.
If an athlete sprains their ankle during practice, this is considered a normal athletic injury. However, if the coach pushes players too hard in the heat without adequate breaks, the school may be liable if a student-athlete collapses from exhaustion.
Campuses may also not be responsible for injuries that occur when class isn’t in session or if the accident happens outside of a school-sponsored event. An example can be if a student is injured at an off-campus bar or on a trip with friends not sponsored by the school.
So, when can a school be liable for injuries sustained on campus? If the school is aware of the potential hazard and doesn’t take the necessary steps to improve safety, the campus can be liable for any injuries. The school may also be responsible if the injury is foreseeable.
An example is if a school knows there’s a broken step leading up to a building and doesn’t take steps to repair the damage or at least place a caution sign in the area. In this example, the school is aware of the potential hazard and is willfully ignoring the potential risks. If an accident occurs, the campus is probably liable for any damages.
Steps for Filing a Personal Injury Claim Against a School Campus
Okay, filing an accident claim against a school can be daunting. Chances are you’re going to run into difficulties. Most schools aren’t going to happily accept fault. They may offer you a settlement but it’s probably not going to be enough to cover all of your damages.
But how do you get started filing for compensation when a school is the liable party? Before you can consider moving to a lawsuit, you need to file a complaint with the school.
Your complaint must include the accident date and list your grievance. This is an explanation of why you believe the school is the responsible entity. Using the broken step again as an example. Your grievance will detail how the broken step contributed to your accident and why it’s the school’s responsibility to ensure the campus is safe. Finally, your complaint will also include a description of your injury and other damages.
Your complaint is filed with the civil court clerk and now it’s up to the school to issue a response. Typically, the school reviews your claim and offers to settle it. You can choose to accept the settlement offer or refuse it. You’ll probably head back to the negotiating table for a few more rounds. If you still can’t reach an acceptable settlement, your claim heads to court as a lawsuit.
Proving a Campus Injury Claim
Before your injury claim can move forward you must prove negligence. In other words, you can’t simply file a claim and name the school as the defendant. You must show the school breached its duty of care and this is the cause of your accident. You must also show your injuries are the direct result of the accident.
If you’re filing the injury claim as a student, be ready to show proof of enrollment. Visitors injured on campus must show they have a legitimate reason for being on school property. If a faculty member is filing a complaint, they will need to show proof of employment or tenure.
If you can’t show there’s a legitimate reason for you being on campus you may not have grounds for an accident claim. Instead, the school may be able to file a trespassing charge against you. In some instances, you may also face charges associated with filing a false claim.
So, how do you go about meeting these requirements? Your student records or employee files can help show there’s a legitimate reason for your presence on campus. Your medical records help support your injury claim. If you’re also including property damage, repair, and replacement receipts can provide the necessary proof.
Don’t forget about the accident report. Your report is usually full of vital information. The report also shows the accident occurred precisely how it’s listed in your claim. You should also consider working with an experienced accident attorney, as they can help ensure you are ready to prove your campus injury claim.
Don’t Ignore the Statute of Limitations
If you’re not sure what a statute of limitations is or how it can affect your injury claim, the concept is fairly simple to explain.
The statute of limitations refers to the length of time you have to file an injury claim against a school campus. The statute differs from state to state, but in Florida, you have two years from the date of the accident to file an injury claim.
But what happens if you miss the filing deadline? Well, there’s a good chance you’re not going to be able to file a claim against the school.
Talk to an Attorney About Your College Campus Accident
If you’re injured in an accident on a college campus, you may be entitled to recover compensation for your damages and resulting recovery. Before attempting to navigate the legal system alone, consult an experienced injury attorney.
Your attorney can help you prove negligence and help make sure that you receive fair compensation for your damages. With professional legal guidance behind you, you can focus on your recovery while your attorney fights to protect your rights and secure the justice you deserve.
Leave a Reply