Maison Law represents students injured due to a premises liability at CSU Fullerton. If you or a loved one has been injured because of an unsafe condition on the CSU Fullerton campus, then Maison Law can help you receive full compensation for your damages.
While CSU Fullerton has insurance to cover these types of incidents, insurance companies tend to offer low-ball settlements or deny claims outright. But at Maison Law, we stand up for injured students to get them the compensation they need to get their life back on track. So, don’t let an injury determine your future. Contact Maison Law today for a free consultation and see what legal options are available for your situation.
Do I Need a Lawyer for a Premises Liability Injury at CSU Fullerton?
Yes, it is recommended to consult with an attorney after suffering a premises liability injury at CSU Fullerton. As mentioned above, after a premises liability injury, most students will be offered a quick settlement by the university’s insurance company. But what most injured students don’t realize until it is too late is that an initial settlement offer does not typically cover the extent of their damages. Fortunately, Maison Law can help.
Our law firm holds insurance companies liable for the full extent of your damages if your injury caused you to need medical treatment, miss time at work, miss classes, or suffer mental trauma. On behalf of students at CSU Fullerton, we aggressively pursue compensation for:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity, you’ve suffered from your injuries
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
How to File a Claim Against CSU Fullerton
CSU Fullerton has the largest student enrollment across the CSU system, with over 45,000 students enrolling annually. And with so many students commuting and walking around campus, accidents can happen. So, what you should do if you find yourself injured at CSU Fresno.
If you’re injured, then it is recommended to file a claim with CSU Fullerton. When you file a claim against CSU Fullerton for a personal injury, you will be attempting to resolve the issue between yourself and the university. To do this, you can fill out this form here. Or, you can submit a written personal injury claim that includes the following:
- Your name and address
- Address where you’d like to receive notice
- Date, location, and circumstances surrounding the incident
- A general description of damages caused by the incident
- The name or names of the CSU employee (if applicable) or employees that caused the injuries
- The dollar amount you are claiming, including estimated amount of prospective loss
- If you are claiming more than $10,000 you must state if your lawsuit will be considered a limited case (less than $25,000) or an unlimited case (a demand for more than $25,000).
Your claim will need to be signed by you, or a parent or guardian who can sign on your behalf. The letter must also be filed with CSU Office of Risk Management within six months after the incident or mailed to The CSU Office of the Chancellor Risk Management, 401 Golden Shore 5th Floor, Long Beach, CA, 90802-4210.
Filing a Lawsuit Against CSU Fullerton
Filing a lawsuit against a public university like CSU Fullerton is more complicated than suing a company or individual because public universities are considered government entities. However, it is not impossible to sue a public university for compensation. If you would like to file a claim against CSUEB, your first steps should be to file a notice of your claim against the school district and wait for the district to complete an investigation of the incident.
To file a claim against California state agencies or employees, you will need to go to the California Department of General Services, Office of Risk Management. This site allows for any person to file a government claim to receive compensation for damages caused by the state of California.
If the school district does not take action after a certain period of time or denies some part of the claim, then Maison Law will help you file a lawsuit against the university. To see what legal options are available, contact Maison Law today for a free case review.
Examples of Premises Liability at CSU Fullerton
CSU Fullerton has a legal obligation to maintain safe conditions on their campuses. A violation of this legal obligation is considered a premises liability. Examples of premises liabilities and actions that lead to premises liabilities on college campuses include:
- Failing to ensure walkways, dorms, classrooms, and other facilities are safe and up to code
- Failing to address hazards such as wet floors, broken stair railings, or inadequate lighting to prevent injury
- Knowingly install or fail to replace faulty equipment
- Hire unqualified employees
- Fail to properly train employees about safety protocols
- Fail to hire enough staff to supervise the property and customers
If the university fails to exercise reasonable care over their property and someone gets injured, they can be held liable for a premises liability according to California’s Civil Code 1714(a), which states:
“Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary car, brought the injury upon himself or herself.”
What if I’m Injured at the CSU Fresno Student Rec Center?
Students at CSU Fresno are instantly granted access to the Student Rec center on campus once they have their student ID. The rec center offers students exercise equipment for cardio, weightlifting, a rock-climbing wall, an elevated track, and an outdoor heated pool. Like most gyms, participants at the Student Rec Center are required to sign a “liability waiver” because they are engaging in an inherently risky activity when they work out at the rec center. So, if you’re injured at the gym, you may wonder if you can still pursue damages.
In California, a liability waiver does not entirely waive your right to sue a gym. There are some exceptions. The waiver must be “unequivocal,” or spell out the exact language, stating “the participant is waiving his or her liability to sue for a negligent act.” Also, the waiver will only be effective in covering risks “reasonably related to the object or purpose for which the release is given.”
So, if you’re looking down at your phone and a weight rack smashes your foot because it was not bolted down, you will most likely be able to file a lawsuit, as your actions were not related to the accident in any way. A waiver can also be invalidated if:
- The facility violates California or federal law
- The terms of the contract are unethical, or morally wrong
- The facility used fraud, or misrepresentation to get you to sign the waiver
- You signed the contract under duress
- You were injured due to “gross negligence” – gross negligence is when someone was injured intentionally, or an obvious danger was ignored and caused someone harm. An act of gross negligence voids any gym liability waiver, even if the waiver includes the words “gross negligence,” they can still be held liable.
What Compensation Can I Expect From a Premises Liability Injury at CSU Fullerton?
It is difficult to know the specific amount of compensation you can receive for a personal injury at CSU Fullerton because the cause of the injury differs drastically on a case-by-case basis. However, the more severe your damages are, the more compensation you can typically expect to get. Damages from injuries usually include:
- Medical costs
- Lost wages
- Retraining or re-education for job placement if you have suffered a disability from the accident
- Pain and suffering
- Loss of enjoyment of life
It is important to note that most personal injury cases never make it to trial and are often settled outside of court. Both the defendant (the liable party) and the plaintiff (the injured party) usually will reach an agreeable settlement to:
- Avoid the uncertainty of a trial
- Avoid more stress and save time
- Save on costs and attorney fees
- Protect their privacy
Contact Maison Law | CSU Fullerton Premises Liability Lawyers
If you or a loved one has sustained injuries from a premises liability at CSU Fullerton, the Premises Liability Attorneys at Maison Law can help you recover full compensation for your damages. Navigating the legal complexities of premises liability can be a nightmare for you and your family, but it doesn’t have to be. Our law firm protects injured students by negotiating fair settlements and protecting their right to compensation.
Contact Maison Law today for a free consultation and case evaluation. No upfront money is required for our counsel, and we don’t get paid unless we win your case.
