Study Abroad Programs and Student Injury Liability

Bill Allen | August 25, 2025 | Personal Injury

Study Abroad Programs and Student Injury Liability

Study abroad programs allow students to immerse themselves in new cultures and gain valuable academic and personal experiences. But while these programs offer undeniable benefits, they also present unique risks, particularly regarding student safety. 

Study abroad participants may encounter unexpected dangers, ranging from transportation accidents to health emergencies. But when is a college or university liable for student injuries in study abroad settings? This article explores liability issues in study abroad programs.

Common Injuries in Study Abroad Programs

Students traveling abroad may encounter risks that differ from those on a typical U.S. campus. 

While not every trip results in harm, certain injuries are common in study abroad programs:

Transportation Accidents

Traffic patterns, road conditions, and enforcement standards vary greatly in many countries. Students may be injured in car crashes, bus accidents, or pedestrian collisions. Motor vehicle incidents are among the leading causes of serious study abroad injuries.

Slips, Trips, and Falls

Housing and academic facilities abroad may not follow the same building codes and safety standards as in the U.S. Uneven sidewalks, poorly lit staircases, and inadequate handrails can lead to preventable slip and fall injuries.

Adventure and Recreational Injuries

Students often take advantage of opportunities to hike, swim, or participate in other recreational activities while abroad. These activities carry heightened risks, particularly when safety regulations are less stringent or guides are not properly trained.

Foodborne Illness and Water Contamination

Traveling to new regions exposes students to different bacteria, parasites, and sanitation practices. Food poisoning, gastrointestinal illnesses, or waterborne diseases can require hospitalization.

Health Emergencies and Preexisting Conditions

Students with chronic conditions such as asthma, diabetes, or severe allergies may face challenges accessing medication or emergency care abroad. Even students with no prior conditions may encounter sudden health issues that require immediate attention.

Study abroad students are vulnerable to theft, scams, or, in rare cases, violent assaults. These incidents may occur in nightlife settings or unfamiliar neighborhoods.

By understanding the most common types of injuries, universities and students alike can better prepare through safety briefings, insurance coverage, and proactive planning.

University Duties Under Negligence Law

In most states, colleges and universities generally do not have a negligence law duty to protect students from dangers they did not create. However, in a 2000s-era case, Nova Southeastern University v. Gross, the Florida Supreme Court found that universities can be held negligent for injuries that students sustain during off-campus internships. 

The Court’s Reasoning in Gross

The Court held that a university’s duty to protect students from foreseeable harm requires it to “act as a reasonably prudent person would in like or similar circumstances.” However, the Court also stated that the duty a school owes to its students is limited by the amount of control the school has over the student’s conduct.

Liability in Study Abroad Programs

Under Gross, a college or university could plausibly be liable for injuries that happen in a study abroad program. A finding of liability is more likely if the school had some level of control over the context in which the student was injured. 

For example, if a university failed to vet a housing provider or ignored known safety risks in an area, it may bear responsibility for harm to students. 

Assumption of Risk

Study abroad students actively choose to travel and engage in activities that may carry inherent risks. Many programs require students to sign waivers and assumption of risk forms, acknowledging the dangers of international travel.

Students also bear responsibility for following program rules, complying with local laws, and exercising reasonable judgment. Injuries that result from reckless or prohibited behavior (such as driving without a license or engaging in dangerous extracurricular activities) may fall outside the scope of institutional liability.

University and Program Provider Responsibilities

Universities and study abroad organizations have a legal responsibility to provide reasonable safeguards for their students. This doesn’t mean they must guarantee absolute safety, but they are expected to take steps that a prudent institution would take under similar circumstances.

Key responsibilities include:

  • Orientation: Universities should warn students of foreseeable risks, including crime rates, traffic safety issues, and cultural norms in the host country. Failure to provide adequate warnings can expose institutions to claims of negligence.
  • Housing and transportation arrangements: If the school arranges accommodations or group travel, it must ensure these providers meet reasonable safety standards. 
  • Emergency preparedness: Schools must have protocols for medical emergencies, natural disasters, and political unrest. 

Some universities outsource their study abroad programs to third-party providers. In these cases, liability may shift to the provider depending on contractual agreements. However, many courts have found that universities retain ultimate responsibility for ensuring student safety, even when outsourcing.

Contact the Gainesville Personal Injury Lawyers at Allen Law Accident & Injury Lawyers for Help Today

If you or a loved one suffered an injury while participating in a study abroad program through the University of Florida or another Florida college or university, you may have a negligence claim against the institution. 

Contact a Gainesville personal injury attorney at Allen Law Accident & Injury Lawyers today to discuss your legal options and protect your right to compensation. We offer free consultations.

We have three convenient locations in Marion County and Alachua County, 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
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