Not all states allow their public colleges and universities to be sued for injuries that occur on campus.  Each state's legislature must decide whether an individual is allowed to sue a state school, and most have decided not to allow these lawsuits.  However, the some public colleges and universities can be held liable if there is a constitutional or statutory provision that specifically imposes such liability.

When Can a State College or University Be Held Liable for a Personal Injury Claim?

If the state college or university allows personal injury lawsuits, it still cannot be held liable unless it is proven that there was negligence or fault on the part of the school that caused the injuries to the person suing.  The liability of a public college or university for negligence in causing injury to students and others may arise is these kinds of situations:

  • Injuries due to the condition of buildings and equipment
  • Injuries arising from the condition of the campus or grounds
  • Injuries occurring during the use of premises and equipment for other than school purposes
  • Injuries occurring in physical education classes
  • Injuries associated with transportation of students
  • Injuries resulting from lack or insufficiency of supervision, particularly concerned with students injured as a result of fraternity hazing 
  • Injuries resulting from inadequate security on campus

Do I Need An Attorney if I Have Been Injured at a State College or University?

An experienced personal injury attorney will be able to tell you whether your state allows campus safety lawsuits against public colleges and universities.  A lawyer will also be able to evaluate the extent of your injury suffered at the state college or university, and help you file a lawsuit.