When Is a School Responsible for a Student’s Injury?

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i-jonesactriveranddockinjuriesIn early July, a student at Lindenwood University filed a lawsuit against the school alleging he was hurt due to negligence involving the bunk bed the school provided him. Lindenwood University is located in Saint Charles, Missouri, which is about 24 miles northwest of St. Louis. In the lawsuit, which was filed in the Southern District of Illinois, the student claims that the bunk bed that Lindenwood provided to him did not have guardrails, which led to his injury.

Reportedly, while living at a boarding house on campus in 2014, the student, who was sleeping in the top bunk of a bunk bed, fell out of the bed onto the floor. The incident left the student with severe injuries to his face, eye, nose and left wrist. The student alleges that he was injured due to the school’s negligence, including:

  • Failing to provide him with a bed with guardrails
  • Not informing him that guardrails were available for his bed
  • Prohibiting bunk beds from being separated so that both beds can be floor level

The student is seeking more than $75,000 in damages for hospital bills, continued medical treatment and disability.

Under What Circumstances Is a School Responsible for a Student’s Injury?

Since Lindenwood University is a private college, it is not as hard for students to file lawsuits against them for personal injury as it would be if Lindenwood were a public college or university. In many cases, state law makes it more challenging to sue public colleges and universities for liability as a result of on-campus personal injury incidents.

Even in situations where state law does not limit a person’s ability to sue a public college or university, it can be difficult to hold the school liable. Plaintiffs must prove that negligence on the part of the school directly led to their injuries. Examples of personal injury cases filed against colleges and universities include but are not limited to the following:

  • Student, faculty or visitor injuries as a result of negligent security
  • Traffic accidents involving vehicles carrying students or faculty
  • Student injuries due to insufficient supervision, including incidents involving fraternity hazing
  • Student or faculty injuries during a physical education class
  • Student, faculty or visitor injuries due to the poor condition of school buildings, grounds or equipment

You and your family do not have to face incidents involving personal injury on a college or university campus on your own. Let the Illinois and Missouri personal injury lawyers at Walton Telken, LLC carry the burden of bringing those responsible to justice so that you and your family can concentrate on healing. The information provided by Walton Telken, LLC in this Blog is not intended to be legal advice, but merely provides general information related to common legal issues. This Blog, and the information contained within it, is Attorney Advertisement. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.

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