Who Is Liable for a Dorm Room or Campus Injury?

Bill Allen | July 25, 2024 | Personal Injury

Who Is Liable for a Dorm Room or Campus Injury?

Thousands of students live in dorm rooms on Florida college campuses. They call the dorms home for the school year. Unfortunately, students can be injured while attending college. When a dorm room or campus injury occurs, the student may be eligible for compensation for their damages. The circumstances of the injury determine who is liable for those damages.

Proving Liability for a Dorm Room or Campus Injury in Florida

One or more parties may be liable for damages caused by a college dorm room or campus accident. Liability depends on the type of legal claim and the facts of the case. Several theories may apply to these types of college injury cases:

Premises Liability

The owner or operator of a dorm could be liable for damages if their negligence or wrongful acts led to the student’s injuries. A college or management company must take reasonable steps to warn students of dangerous conditions. They have a duty of care to regularly inspect dorms and other areas for hazards.

Vicarious Liability

Under the legal theory of respondeat superior, an employer can be liable for damages caused by an employee’s negligence. Therefore, you may sue the person who caused your injury, but you may also have a claim against their employer under vicarious liability.

General Negligence

Negligence is failing to use reasonable care to avoid causing someone harm. It is the basis for many personal injury cases. 

To win a negligence claim, you must prove:

  • The at-fault party owed you a duty of care, such as the college owing a duty to students to provide safe premises for classes and living quarters.
  • The party breached the duty of care through their actions or omissions, such as the owner of a college dorm failing to repair broken stairs or faulty wiring.
  • The party’s acts or failure to act were the proximate and direct cause of your injuries. Had it not been for their conduct, you would not have been injured, and the party knew or should have known their actions could have caused you harm.
  • You incurred damages because of the party’s actions, including physical injuries, emotional harm, and financial losses.

The burden of proof in a negligence claim is by a preponderance of the evidence. Therefore, you must prove there is a greater than 50% chance that the above elements are true.

Who Can I Sue for a College Dorm Room or Campus Injury in Florida?

The parties that could potentially be liable for your damages include, but are not limited to:

  • Private universities
  • Government-owned colleges
  • Individuals
  • Property owners
  • Businesses
  • Maintenance companies
  • Security companies
  • Government entities

Suing a government-owned college in Florida can be complicated. The Florida Tort Claims Act waives sovereign immunity, allowing individuals to sue the government for personal injury damages. 

However, restrictions and special rules apply in government tort claims, such as limitations on the amount of compensation you can recover and specific notice requirements.

What Damages Are Recoverable in a Florida Campus Injury Case?

Most personal injury cases include compensation for:

Some situations may justify punitive damages. These damages “punish” the at-fault party for their conduct. Punitive damages are only available under specific circumstances, such as cases involving gross negligence and intentional torts.

Do I Need an Ocala Personal Injury Lawyer to File a Claim for Dorm Room or Campus Injuries?

You can pursue a claim against the college or other party on your own. However, your chances of receiving a fair settlement are better when an experienced Ocala personal injury attorney represents you. An attorney has the resources to investigate your college injury claim and to gather evidence proving your case. Lawyers also have the legal knowledge to identify the parties responsible for your damages.

If you have questions after an accident at a Florida college, contact our experienced personal injury lawyers for a free consultation. We’ll review your case at no cost and explain your legal options and rights.

Contact Our Ocala Personal Injury Law Firm in North Central Florida

If you need legal assistance, contact the Ocala 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