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College Campus Accident Claims: Are They Different?

Posted in Car Accidents, Pedestrian Accidents, Safety, Workplace Injuries on January 15, 2016

Lawsuits for accidents that occur at colleges can be very different from those at other establishments, depending on the circumstances. There are many considerations that determine how a lawsuit stemming from a campus accident will proceed; however, you do still have legal options if and when you pursue a claim.

Holding Public Schools Liable

State run schools, including colleges, universities, and technical institutions, sometimes fall under the category of sovereign immunity as other government agencies do. In Texas, you can only sue a state school if the state decides you’re allowed to do so. This extends to all forms of lawsuits, including personal injury claims. Depending on the situation, you may win the legislature’s approval and proceed with a lawsuit against the school. The state has the right to disallow petty lawsuits but may grant them in serious personal injury cases.

Holding Private Schools Liable

Private schools may or may not be under the protection of the state when it comes to personal injury lawsuits. A private school that falls under the category of “charitable institution” may be protected under the same sovereign immunity rule as public schools.

If the injury occurred during the normal course of work and in a reasonable manner, you may not be able to present a lawsuit against the private institution. Some for profit establishments, however, may not fall under this category and can be sued as any other business entity would be. In business injury cases, you may hold each organization responsible for unreasonable situations that lead to harm under the concept of premise liability.

Other Parties You May Sue

Depending on the case, you can hold other individuals liable after an accident on campus. Going to a college or other post-graduate institution doesn’t protect other students or visitors from legal action. In addition to people not associated with the institution, you may have the opportunity to look into 3rd parties, such as contracted foodservice companies, vehicle manufacturers, and others that may not fall under the umbrella of sovereign immunity.

You may also hold more than one party accountable in a lawsuit. For instance, if you were injured by a drunk driver on campus, you may be able to hold both the school and the driver responsible for resulting injuries. The facility has a responsibility to provide reasonable protection for individuals on it.

You Need an Experienced Attorney to Bring a Lawsuit Against a College in Texas

If you decide to take legal action against a college in Texas or any other state or private institution, you’ll need the assistance of an attorney who understands Texas sovereign immunity laws. These cases are often more difficult than general personal injury claims and require an added level of expertise to determine who you can file against and the best strategy to do so.

Schools may tell individuals injured on campuses they have no liability over the injury. Depending on the case, this may or may not be true, and we can help you make that determination. Even if the school doesn’t have liability, you may still have the option to file a lawsuit against another party involved in the accident.

The medical bills and pain and suffering caused by an on-campus accident can add up quickly, and it may affect your ability to continue studying. Those who don’t have medical insurance may find the situation particularly difficult to handle. However, you’ll always have a legal outlet. Our team can help you obtain fair compensation so you can move on after a campus accident.

Contact

For more information, contact The Law Firm of Aaron A. Herbert, P.C. today.