Whether or not a private college or university can be held liable for damages will depend on whether the school is considered immune from lawsuits based on it being a charitable institution. In some jurisdictions, a charitable institution is immune or partially immune from tort liability.
In other jurisdictions, a charitable institution is not immune from tort liability at all. If a private college or university is not a charitable institution, such as a public university, it is likely that they may be sued just like any other type of organization.
When Can a Private College be Held Liable for Injuries?
If a private college or university is determined not to be immune from tort liability, the usual rules governing tort and negligence will apply to determine if the school is at fault for the injury. The liability for a private school or university for negligence in causing injuries to students as well as other individuals may arise in certain types of situations, which may include, but are not limited to:
- Injuries from accidents resulting from the conditions of:
- buildings;
- equipment; or
- outside premises;
- Injuries connected to class-related activities;
- Injuries during recreational activities;
- Injuries caused by a student’s intoxication;
- Injuries due to fraternity or sorority hazing;
- Injuries that result from the negligent hiring or retention of an employee; and
- Injuries that result from provided health care or from the failure to render medical assistance.
Can I Sue a College or University for Injuries?
A private college or university is treated as a private corporation and can both sue and be sued. Universities or colleges which are public or semi-public, however, in general, cannot be sued unless there is a state statute or the state legislature has authorized that action.
Can I Sue My School for Breach of Contract?
An individual may sue a university that is private for breach of contract. Public universities can also be sued when it is allowed by statute or by the state legislature.
In some states, however, an individual may only make a breach of contract claim, or any type of claim, against a public university when it does not have immunity.
Can Public College or University Officials Be Sued?
There are conflicting views on whether public college or university officials can be sued. The answer will depend on the state in which the individual resides.
One view is that a state school official cannot be sued for their normal work activities. A state employee is immune unless they acted outside of the scope of their responsibilities or if they acted:
- With malicious purpose;
- In back faith; or
- In a reckless manner.
Most importantly, the immunity will only protect the state employee if their conduct did not violate a clearly established statutory or constitutional right which a reasonable individual would have known about. The second view is that a state school official has qualified immunity so long as their actions were reasonable.
This means that, in order to have immunity, the employee must be able to show that they were acting within the scope of their discretionary authority and that they were acting in good faith. Similar to the first view, the immunity only protects against a state employee’s liability if their conduct did not violate a clearly established statutory constitutional right that a reasonable person would have known about.
What Is Negligence?
The legal concept of negligence is an individual’s failure to act with the level of care that an individual of ordinary prudence would have exercised in the same or a very similar type of situation. Negligence is a common legal theory that is applied in personal injury cases because it allows the injured individual to recover damages for the careless acts of another individual.
Plaintiffs who sue for negligence are required to prove four elements, including:
- Duty;
- Breach of duty;
- Causation; and
- Damages.
How Does Negligence Relate to Campus Safety Issues?
Every university or college owes some level of care to the people who are on their campus. The exact level of care required is not uniform due to the differences and variations in state laws in addition to underdeveloped case law.
For example, on one hand, universities and colleges are landlords. The institution provides housing for students and accepts money in exchange for providing a degree.
In addition, they are also educational institutions. Although they may not have the same high level of duty as a school that teaches students from pre-k to 12th grade, the degree of care the university or college must exercise is more than that which would be required from a standard business or landlord.
As the number of incidents occurring on college campuses is increasing over the years, the recent trend in the U.S. is for courts to rule that the college or university does owe a higher duty of care to its students. This idea, however, is restricted to situations that the institution has some control over in addition to those incidents that are foreseeable.
Because of these issues, a student who slips and falls on the institution’s poorly maintained cafeteria will likely clearly be able to sue that institution for their injuries. However, liability is not as straightforward with certain issues involving campus safety, such as when a random act of violence occurs on a college campus.
When Can a College or University Be Held Liable for a Personal Injury Claim?
If a state college or university allows personal injury lawsuits, the institution still cannot be held liable unless the plaintiff proves that there was negligence or fault on the part of the institution that caused the injuries to the individual who is suing.
The liability of a public college or university for negligence in causing an injury to students and other individuals may arise in certain situations, including:
- Injuries resulting from the condition of buildings and equipment;
- Injuries arising from the condition of the campus or grounds;
- Injuries that occur during the use of the premises and equipment for something 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; and
- Injuries resulting from inadequate security on campus.
Whether or not a private college or university may be sued for damages will depend upon whether the school is considered to be immune from a lawsuit because it is a charitable institution, as noted above. In some jurisdictions, a charitable institution is immune or partially immune from tort liability.
As previously noted, in some jurisdictions, a charitable institution is not immune from tort liability. If a private college or university is not a charitable institution, such as a public university, it is likely that the institution can be sued just like any other organization.
What Kind of Lawyer Do I Need to Sue a College or University?
If you have suffered an injury and believe you may need to sue a college or university, it is important to consult with a government lawyer. Your lawyer can advise you of the laws in your state and how they apply to the particular college or university.
Your attorney can advise you regarding the possibility of filing a lawsuit against the institution. If it is possible, your lawyer will help you navigate the complex legal system and represent you in court.
