How To File a Lawsuit Against a University

Bill Allen | July 19, 2024 | Personal Injury

How To File a Lawsuit Against a University

Personal injury cases against universities are more common than you might imagine. These claims frequently arise from injuries caused by dangerous property conditions, assaults, and acts of negligence. The process of filing a lawsuit against a university is often subject to special concerns, including vicarious liability, premises liability, and (in some cases) government claim procedures. 

Claims Based on Vicarious Liability

A university is an organization. Since you can’t exactly haul the Chemistry-Physics Building into court to respond to a lawsuit against the university, you’re going to need to find a responsible individual. 

This is where the concept of respondeat superior might come in. Under respondeat superior, an employer (in this case, the university) could be vicariously responsible for the misconduct of its employee committed within the scope of employment.

That might mean you can sue the university for: 

If respondeat superior applies, you can sue both the university and the individual perpetrator. 

Claims Based on Premises Liability

Under premises liability, an owner of real property (such as a university campus) can be held liable if an injury arises from a dangerous condition on the premises. The property owner, in this case, the university, has a duty to inspect the campus grounds and to either repair or warn of any hazards.

Government Tort Claims Against Public Universities

Suing a public university is different from suing a private university. A public university is an arm of the Florida state government, and the rules are different when you sue government entities. 

Under the Florida Tort Claims Act, you must complete the following preliminary procedures before you can file a personal injury lawsuit against a public university:

  • You must provide written notice of your claim to the university and the Florida Department of Financial Services within three years of your injury. The notice should include details of your claim and the damages you seek.
  • The university has 180 days to investigate and respond to the claim before you can file a lawsuit.
  • If the university denies the claim or refuses to settle within this period, you can file a lawsuit. 

You cannot sue for more than $200,000 per person and $300,000 per case. Additionally, you cannot sue a public university for punitive damages. It’s important to work with an experienced attorney to navigate a government tort claim.

The Process of Filing a Personal Injury Lawsuit Against a University in Florida

To initiate a lawsuit against a Florida university, complete the following steps: 

  • Identify the appropriate court: This will probably be the Florida Circuit Court in the county where the accident happened or where the university campus sits.
  • File a formal complaint with the court clerk: Your complaint must include a description of the incident, the legal basis for the lawsuit, the injuries you suffered, and the damages you seek.
  • Pay the filing fee: The fee amount depends on the county. 
  • Arrange for a process server to deliver a copy of the complaint and a court summons to the defendant. The defendant usually has 20 days to either file a response to the complaint or suffer a default judgment.

It’s best to have a Florida personal injury attorney draft the complaint and supervise the filing process.

An Experienced Florida Personal Injury Lawyer Can Help You File a Lawsuit Against a University

Taking on a university all by yourself might leave you feeling defeated. If you have a strong claim, however, you can seek the services of a Gainesville personal injury lawyer. 

Most personal injury attorneys work on a contingency fee basis. This system frees you from the necessity of paying anything in legal fees unless you win your case.

Contact Our Gainesville Premises Liability Law Firm in North Central Florida

If you need legal assistance, contact the Gainesville premises liability lawyers at Allen Law Accident & Injury Lawyers at your nearest location to schedule a free consultation today.

We have three convenient locations in North Central Florida:

Allen Law Accident & Injury Lawyers – Gainesville office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652

Allen Law Accident & Injury Lawyers – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292

Allen Law Accident & Injury Lawyers – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258