We like to think of a college campus as a relatively safe environment where young adults can transition from their teens to independence over time. But, there are hazards everywhere, and on-campus injuries happen. Whether or not a college is responsible for an on-campus injury depends on a variety of factors.
Some of the key considerations include:
The most common and obvious cause of action for an on-campus injury is premises liability. That’s a landowner’s or tenant’s responsibility for injuries caused by dangerous conditions on their property. But, depending on how the injury occurs, there may be other possible claims. So, let’s answer the question: what kind of lawyer do I need to sue a college?
You can certainly be able to sue a college for an injury on campus. Private institutions are subject to the same liability just like anyone else, but there are a few considerations. However, you need to be careful when using a public college because unique rules come into play, such as sovereign immunity.
Here are some scenarios where a lawsuit might be viable against an Ohio college:
This is the most common cause of action for on-campus injuries. If the college fails to maintain its property safely and someone gets injured as a result, the institution could be held liable. For example, if a student slips and falls due to a wet floor that wasn’t properly marked with warning signs, the college might be responsible.
Accidents involving motor vehicles on campus, such as car collisions or pedestrian injuries caused by reckless driving, can lead to lawsuits. In such cases, the liable party might be the driver, but the college could share responsibility if vehicle maintenance issues contributed to the accident.
Colleges might be liable for injuries resulting from inadequate security measures. For example, if a dormitory’s security system is faulty, leading to a break-in and assault, the college could be sued for failing to maintain proper security.
Injuries sustained while playing sports, either for the college team or recreationally, can sometimes lead to lawsuits if there is negligence involved. Negligence might be associated with improper maintenance of sports facilities or lack of adequate supervision.
Colleges can also be held liable for injuries caused by intentional acts of others, such as assaults or hazing incidents. This is especially true if the institution knew about the risks and failed to take appropriate preventative measures.
In general, an Ohio property owner or tenant is liable for injuries that take place on their property if:
The standard of care varies depending on the reason the injured person is on the property. For example, the proprietor of a business is generally obliged to exercise reasonable care to find out about any hazards or defects on the property and do something about them–either fix them or warn visitors to the premises about them.
On the other hand, property owners and tenants generally owe no duty of care to an adult trespasser except “to refrain from willful, wanton, or reckless conduct that is likely to cause injury, death, or loss to the person of the trespasser.” But, that duty is heightened if the owner or tenant knows the trespasser is in peril on the property or–in some situations–if the trespasser is a child.
So, even before other factors are considered, a college’s potential liability to someone walking down the stairway in their dormitory to go to class in the afternoon would be different from the institution’s potential liability to a student who broke into the closed and locked art building at 2 a.m.
Because there are so many variables in play, it can be difficult to determine whether you have a claim against a college for an injury on campus, or whether there may be other responsible parties. An experienced local injury attorney can be your best source of information about your possible claims.
Premises liability claims against a private college in Ohio will generally be subject to the same law and standards as would apply to another private entity in Ohio.
Imagine, for example, that the cleaning crew at a private college cleared out for lunch, negligently leaving their supplies at the top of a flight of stairs. A student leaving class stepped on a wet rag left at the top of the stairs, slipped, and fell down the stairs, breaking his arm and sustaining a concussion.
In this scenario, you could generally expect the private college to be liable for the injury–just as a retail store or fitness center would be under similar circumstances.
However, governmental subdivisions get special protections under Ohio law. That includes public colleges. So, whether a public college is liable for injuries sustained due to dangerous conditions on its premises will depend on the specific circumstances. A governmental entity generally won’t be liable for damages caused by “any act or omission of the political subdivision or an employee of the political subdivision in connection with a governmental or proprietary function.” But, there are exceptions.
One of those exceptions, which often applies when someone is injured on governmental property, involves physical defects in the building or grounds. So, if you’ve been injured on the grounds of a public college, you shouldn’t make any assumptions. An experienced Ohio premises liability attorney can help determine whether your case falls into one of the exceptions that would allow you to pursue a claim against a state college or university. Your attorney can also assess whether a third party may be partly responsible for your injuries.
Though most premises liability cases involve incidents like slip and fall accidents, property owners or tenants may also be liable for injuries that occur on their property as a result of another type of negligence. These cases are often described as “negligent security” claims.
Generally, businesses, colleges, and other entities are not expected to provide a completely secure environment for customers, guests, students, and others. However, there are circumstances in which a failure in security or a failure to warn of known risks may result in liability. For example, a private college dormitory that touted security measures such as cameras in the parking lot, security doors, and well-lit walkways, hallways, and stairwells might be liable for an attack by an intruder in the hallway if they knew the security door was broken and neglected to fix it in a timely manner, or if the light of the hallway had been out for several days and not replaced despite reports from residents.
Not every injury on campus involves dangerous or poorly maintained premises. Other campus injuries might include:
Each of these case types is analyzed differently, and in each scenario, there may be circumstances in which the college bears some or all of the responsibility and others in which it does not.
For example, in the case of motor vehicle, bicycle, or pedestrian accidents, any liability would typically lie with the responsible driver, just as it would in a car accident off campus. However, there may be limited circumstances in which the college might be responsible, such as when a road maintenance issue on campus caused or contributed to the accident.
In many scenarios, a private college may be liable whereas a public college would not. But, there are exceptions. One significant exception involves injuries sustained through hazing. Ohio law specifically allows lawsuits against colleges, administrators, employees, and others in connection with hazing injuries–including public colleges and universities and their employees.
Sovereign immunity denotes a legal doctrine that protects government entities and their subdivisions from being sued without their consent. This concept is an important consideration when considering suing a public college in Ohio.
Public colleges in Ohio, just as other governmental entities, enjoy certain protections under sovereign immunity according to the U.S. Constitution’s 11th Amendment. This means you cannot sue them for damages caused by their actions or omissions unless. The least you can do is file the case in the Ohio Court of Claims. Your attorney will determine how best to go about it.
However, private colleges do not benefit from sovereign immunity and can be sued under the same premises liability laws that apply to other private entities, such as businesses. This makes it generally easier to pursue claims against private institutions.
Filing a lawsuit against a college requires careful preparation and adherence to legal procedures. The steps involved in this process include:
The first step involves prioritizing your health. Therefore, go for prompt medical treatment for your injuries immediately after filing an accident in college. Then remember to keep detailed records of all medical procedures, diagnoses, and expenses for making compensation claims.
Next, gather evidence related to the college incident. You need to take photographs of the accident scene, obtain witness statements, and keep all communication or reports related to the injury. This will help you prove your case.
Engage a personal injury attorney who specializes in premises liability to handle your college injury claim. An attorney will provide valuable support and evaluate your case for the best course of action.
Your attorney will engage in a thorough investigation, reviewing evidence, gathering additional information, and possibly consulting with experts to build a strong case.
If you’re suing a public college, your Ohio College injury lawyer may have to file a notice of claim before filing a lawsuit. This notice informs the college of your intent to sue and provides basic details about the incident and your injuries.
Your attorney will then draft and file a formal complaint with the appropriate court. This document outlines the facts of the case, the alleged negligence, and the damages sought.
Many cases are resolved through settlement negotiations. Your attorney will negotiate with the college or its insurance provider to try to reach a settlement that covers your injuries and losses. If you cannot reach a settlement, they will take the case to trial. Your legal advocate will prepare your case, present evidence, examine witnesses, and make legal arguments in court.
To learn more about your rights after an injury on a college campus, including who may be liable for your injuries, what type of damages may be available, and what happens if you were partly responsible for your own injury, schedule a free consultation with one of our experienced Ohio injury lawyers. Call 937-222-2222 right now, or fill out the contact form on this page.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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