Wrongful Death Lawyer
When it comes to college and liability, it can be a complicated matter. University students are largely responsible for themselves and the college generally has no obligation to protect adults from criminal acts. In the 1960s, the right for college students to have control over their own lives was fought for and won. Since then, colleges have had less of a responsibility to protect students against violent acts.
A school can’t always foresee a student’s violent acts. If a student is murdered on campus – whether it’s by another student or not – this doesn’t mean that the school will be held liable. For a college to be held liable for something like this, evidence of the school’s reasonable failure of protection needs to be presented. For example, insufficient college dorm security may leave a college liable. Likewise, the administration disregarding threats made to a student may also leave the school liable.
College liability is never black and white. While colleges are not excused from liability entirely, just the fact that a student is hurt on campus does not mean they are liable. The college needs to have been shown to have a reasonable duty owed to the student to protect them for them to be liable. Additionally, it needs to be proven that the college breached that duty.
Murder and College Liability
When it comes to a student’s murder, many colleges may adopt an “all or nothing” attitude. This isn’t exactly how legal matters work. In most cases, a college will have enough control or supervision over the students that a legal obligation to protect them is assumed. The only exceptions to this rule generally have to do with cases that occur on the field during sports.
If a college displays itself as being a safe place, the students that attend the school have the right to expect safety. The college must keep its students as safe as possible. However, these kinds of cases often have to go to trial to prove that the school was somehow negligent in providing the duty of care.
College liability is a complicated matter. Most lawsuits that involve a student’s death will go to trial. If you’re thinking about filing a lawsuit against a college or university, it would be a good idea to contact an experienced wrongful death attorney, like a wrongful death lawyer from Ward & Ward Law Firm. He or she can help advise you on your case. With all of the complicated laws that are involved with college liability issues, legal guidance will be invaluable during this time.