Who Is Liable if You’re Injured at College? Most people correctly assume that if you slip and fall due to a wet floor in a store you are entitled to damages for your injuries. Generally speaking, if you are injured on the property of another, be it a friend or a business, due to their negligence, you are entitled to be compensated for your injuries. This is true because the law requires property owners to maintain a safe environment on their property. What about an injury that occurs at school? Do you have legal recourse if you are injured on the property of the government? More specifically, who is liable if you’re injured at college?
More information is required before you can determine the correct answer to the above question. For starters, you must determine whether the college in question is a state college or a private college. What’s the difference? Well, it all comes down to a legal doctrine known as “sovereign immunity.” This concept protects the federal and state governments from lawsuits. The U.S. Constitution, via the 11th Amendment, also includes the prohibition of suits against State governments.
So, when trying to determine possible college liability if you are injured at college, begin by looking at the legal status of the college. If the injury occurred at a private college, you may be able to sue the owner of the property, the school, in the same way you could sue a private business or individual. If successful in proving your case, you would be entitled to compensation for your injuries, including payment of your medical bills, lost wages, and other damages. Does this mean you are out of luck if your injury occurred on the campus of a state-supported school? No, it does not.
If you are injured while at a state-supported college or university, you may still be entitled to compensation for your injuries. Most states, Kentucky included, allow some claims for injuries suffered at a state school. While sovereign immunity provides some protection against claims based upon simple negligence, the staff and administration are expected to follow the rules and policies that have been put in place to protect the students at the facility.
A claim may be successful if you have suffered a personal injury on the property and you can prove that a teacher or other school employee was not following rules related to safety or not acting in good faith. Keep in mind that while action against a state institution can be successful, most states put monetary limits on how much can be recovered in such actions. No such maximums are usually applied when the action is against a private institution.
If you are a victim of an injury at college, you may be entitled to compensation for your injuries. Many factors must be reviewed, and the process is complicated. Maximize your recovery for your injuries by getting assistance from the legal experts in the area of college liability law. The attorney experts at Maze Law Offices can answer your questions and assist you through the entire legal process. Our goal is to get you the maximum settlement for your injuries and associated pain and suffering. Don’t sell your case short with a less experienced firm. Let us help your case succeed. Call us today for a free consultation.
Personal Injury in Kentucky