When is a College or University Liable for a Student’s Injury?

Accidents happen, but sometimes the school is legally responsible

Going to college for the first time is exciting, exhilarating, and maybe a bit nerve-wracking for a student. A parent sending their child likely feels these same emotions. 

Most colleges advertise their focus on safety and security. They want students to feel comfortable and know that there are protocols in place to keep them safe on campus.

Do schools place high priority on safety because they genuinely care about students, or is it that they don’t want the bad PR of accidents or injuries? Probably both. And even colleges and universities worry about being named in a lawsuit if they are found liable for negligence for a student’s injury.

Common causes of college accidents

The majority of college campus injuries are related to binge drinking or other alcohol or drug use. Arguably, some of these accidents could have been preventable, but some students find ways to drink or use drugs regardless of school policies and rules. 

Other typical college campus injuries include:

Car and pedestrian accidents

Whether students live on or off campus, many students have cars at school. Car accidents are a risk for anyone—college students or otherwise—but sometimes college students are navigating unfamiliar roads, and they might have alcohol-related accidents.

However, most students are pedestrians. Most campuses are designed for students to walk to dorms and classes, and many don’t allow students to have cars on campus (at least for the first year). Yet, campuses have some vehicle traffic, which means students could be crossing busy streets. There are also college campuses that are less self-contained, particularly in urban schools. Students might need to walk several blocks on city streets to get to class, and they need to be aware of vehicle, bicycle, and other pedestrian traffic.

Alcohol-related injuries

College students, even those who are underage, are likely to drink. It’s not always safe or ideal for students to be drinking (on or off campus), but the reality is they do. About 1,500 students in the U.S. die each year from an alcohol-related injury. These include alcohol poisoning, drunk driving, resulting mental health issues, and other types of accidents.

Hazing and assault

Hazing, particularly by fraternities and sororities or sports teams, can result in tragedy. More than half of all students who join certain types of organizations, clubs and teams have experienced hazing. 

Hazing involves humiliating, degrading, or endangering behavior in a group context. This might involve forced intoxication, public nudity, exposure to the elements, kidnapping, sleep deprivation, assault and other things that could result in serious injury or death.

Slip and fall accidents

Regardless of the climate where a student attends school, there could be slippery sidewalks or walkways—even indoors. Smooth concrete floors, linoleum and other types of industrial surfaces can mean slick walking sometimes. 

Most schools are careful about clearing outdoor surfaces in wet or snowy conditions, but there are always going to be situations when the maintenance crews can’t keep up with the weather.

Sports accidents

Sports are popular among college students, but athletics comes with risks. Any student who participates in a team or intramural sport could become injured. This could include a ligament sprain, muscle or tendon injury, broken bone, spinal injury, concussion, or something else.

Sometimes sports injuries are related to environmental factors, like dehydration or heat injuries from playing outside in hot weather.

Is the college or university responsible for your student’s injury?

A college or university is held to the same standard as any other business or private property owner. If an accident occurs on campus, there are three questions to ask:

1. Was the injury foreseeable?
2. Did the school know about the danger or hazard?
3. Did the school take measures to prevent accidents and injuries?

If the school has failed to keep students safe, they might be liable for injuries.

Are there situations when the school is not liable?

Certainly, the facts surrounding the injury will determine liability, but there are a few instances when the school is less likely to be liable for a student’s injury. These include:

1. Injuries occurring outside of campus-sponsored events.
2. Injuries that occur on campus if classes are not in session.
3. Sports injuries that are considered normal for athletes, like a sprained ankle.

Filing a lawsuit against a college or university for an injury

If you intend to file a claim against a college or university for an injury, you need to file a complaint against the school before initiating a lawsuit. The complaint must include the date of the injury, the specific circumstances of what happened, and the nature of the injury.

You would need to prove each of the elements of negligence, specifically for your situation:

• The injured student was enrolled at the school and entitled to be on campus (i.e. they don’t necessarily have to live on campus, but they were authorized to be there); 
• The campus breached its duty to maintain safe premises for students; 
• The student suffered an injury resulting from that breach.

Premises liability claims on campus could include stairway, handrail or security problems; sidewalks, hallways, or walkways that are not properly maintained; sports or dorm-related equipment that is not properly maintained; parking lot hazards; or other situations.

Defenses used by colleges and universities to avoid liability

Of course the school wants to defend itself; it doesn’t need the liability (for a variety of reasons). It might rebut the claimant’s assertions by arguing that the hazard was “open and obvious,” in which case the court would need to determine whether the responsibility for the injury lies with the school or with the student.

The state laws for comparative and contributory negligence in the state with jurisdiction over the claim will determine whether the school is wholly liable or if the student shares any responsibility.

If your student was injured in an accident while attending a college or university, you can contact a personal injury lawyer to determine whether you have a valid legal claim.