As parents or guardians of college students, we expect the school campus to provide a safe environment that enhances academic learning. So, what should we do if our loved one sustains an injury or dies on campus? Here are the most frequent questions and answers we receive about college student death lawsuits and liability.
Is the school liable for a college student’s death?
When a student dies on or near a college campus, it can sometimes amount to a wrongful death, depending on the situation. But what exactly is wrongful death and how can you tell when one occurs?
Wrongful death occurs when the negligence or action of one person results in the death of another. Although wrongful death between individuals is more common than a wrongful death between an individual and an entity, both are possible.
Here are some common situations where a college or university may share the blame in a wrongful death:
- If a murder takes place on an area of campus that is lacking the level of security that was promised.
- When a death occurs at a fraternity which the college administration failed to deter from hazing and other fraternal organization rituals.
- When a student is matched with a roommate that is dangerous and murders another student.
Of course, there are many more situations that take place on college campuses that a college can be found liable for. If you believe that a loved one wrongfully died on campus, be sure to speak to an attorney about the specifics of your case.
What accidents are most likely to occur on college campuses?
The most common types of injuries that occur on college or university campuses include:
- Assault, battery, and other acts of violence.
- Slips and falls.
- Food poisoning.
- Hazing, bullying, and suicide.
- Sexual assault, sexual misconduct from teachers, and rape.
- Pedestrian accidents and accidents during recreational activities.
While guaranteeing that accidents won’t happen is impossible, colleges and universities do have a duty to make the environment safe for students and visitors. Although most of the common accidents that occur on campuses will not completely be the fault of a college, there are certain situations where a college is partially, if not wholly, at fault.
Can you bring a premise claim or lawsuit against a college or university campus?
If you believe that your injury or the injury of your loved one was the result of negligence by a college, then you can and should bring a claim against the school. The same goes for a wrongful death that you feel the college is responsible for.
However, before you file a claim, you should speak with an attorney about your options. This will help you decide your next steps and ensure that you are taking the right actions for your specific case.
How do you hold a college accountable for death or injury on campus?
There are several steps to take if you want to keep your college campus accountable for a death or injury on premise. This can include:
- Filing a claim. Your claim will help you receive compensation for the injuries or wrongful death of a family member. If you can show that you or a loved one suffered damages due to negligence, you might get the amount you deserve without filing a lawsuit.
- Filing a lawsuit. If you feel that a college’s settlement does not cover the damages you want, then you might prefer to file a lawsuit. This will allow a judge or jury to hear your case before deciding an appropriate settlement amount.
I am considering a college student death lawsuit. What are my next steps?
Determining liability for a college student’s death is challenging work. If you believe that someone you care about wrongfully died and that their school system was to blame, contact us.
At Lytal, Reiter, Smith, Ivey & Fronrath, we will hear your case and help you decide whether to bring a lawsuit against a college or university. After collecting evidence and building a case, we will argue liability and help your family recover damages for the death of a college student.
However, time can quickly run out on student death cases in Florida. Call us immediately at (561) 655-1990 or use our live chat function to receive a free consultation at no obligation to you or your family. It is the best way to determine whether to move forward with legal proceedings in your specific situation. Speak with us today.
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