Injured on a College Campus: Who is Liable?

July 5, 2019 | By

Injured on a College CampusThe fact that someone was injured on a college campus does not automatically make the school liable for all damages. The details of how the injury occurred can be significant in this determination. All schools tend to defend strongly against personal injury claims, and university attorneys are commonly involved in evaluating an accident. Insurance company claims adjusters investigate the claim first and make an initial determination on the position of the school. Typically, an injured party will then retain a personal injury attorney when an agreement cannot be reached like Pickett Dummigan McCall Portland Oregon injury lawyers to represent the case for further negotiation or a potential lawsuit.

Potential Defenses

The primary defense in any premises liability personal injury claim is personal assumption of risk by the claimant. Claims stemming from failure to maintain property and school structures are typically full responsibility of the school. However, the actions of the claimant leading to the injuries can be a major factor, and they can even be grounds for a case dismissal in some instances.

Understanding Comparative Fault 

All personal injury claims are assessed according to fault. A common defense for colleges is arguing that the claimant was largely responsible for their own injury unless the case is obviously due to some form of neglect on the part of the school. Liable parties are responsible for their portion of fault, which is provided in a percentage by a jury if a case goes to trial. Oregon uses modified comparative fault with a 51% bar for being compensated for injuries incurred on a given premises. This means that anyone who is over 50% at fault for their own injury will be denied financial compensation by the court. A claim determined as a 50-50 fault assessment would mean the school is only liable for half of the total damages, and anyone with 51% or greater personal fault assessment will be denied any financial award.

Contact an Experienced Oregon Personal Injury Lawyer Immediately

It is never a good decision to attempt handling an injury claim personally because the claim could be much more valuable than realized. Always call a legal professional like Pickett Dummigan McCall Portland Oregon injury lawyers for effective representation.

Main Office

main office

210 SW Morrison St. – 4th Floor
Portland, OR 97204

by appointment in Woodburn

1585 N. Pacific Hwy, Suite G
Woodburn, OR 97071
call us

call us

Phone: 503-223-7770
Fax: 503-227-2530
email us

email us