Maison Law represents students injured at UC Berkeley (UCB) due to premises liability. Premise liability at California State University occurs when a property owner fails to make a reasonable effort to maintain a safe environment for visitors. Failure to keep the property safe is a violation of California Law and will result in a premises liability claim. If UC Berkeley creates an unsafe environment, and you are injured, you have the right to file a lawsuit to pursue damages.
At Maison Law, we file premises liability lawsuits on behalf of students injured at UC Berkeley. To see if you have a case, contact us today for a free, confidential case review.
Do I Need a Lawyer for an Injury at UC Berkeley?
According to UC Berkeley’s website, their insurance provides coverage for property damage, loss, or injuries as a result of the University’s routine operations. Their insurance extends to every campus department and employee engaged in university business. Their site also states that all claims will be evaluated on their merit, and filing a claim does not mean you will receive compensation.
But that’s where Maison Law can help. Unfortunately, what most college students don’t realize until it’s too late is that a university’s insurance is designed to pay you as little as possible if you are injured. In certain cases, they may even outright deny your claim. At Maison Law, our law firm will manage your claim against UC Berkeley, and negotiate with their insurance on your behalf to ensure you are compensated for the following damages:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of property repair or replacement
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior (intentionally risking others’ safety, extreme carelessness)
- Actions performed out of spite
Filing a Claim Against UC Berkeley (UCB)
Filing a lawsuit against a public college like UC Berkeley 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 UC Berkeley, 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 general liability claim, you should:
- Fill out the Claim Form and send it to Risk Services via email (risk@berkeley.edu)
- Include relevant documentation of the incident and damages
- An examiner from Sedgwick CMS will contact you within 3 days of the claim being submitted
- Reimbursements will be distributed by Sedgwick CMS if your claim has merit based on proof of damages
If you elect to file a lawsuit against the university, Maison Law can help you with this process. All lawsuits against UC Berkeley must be served on the Office of the President-Office of General Counsel at 1111 Franklin Street, Oakland, 8th floor.
Premises Liability at UC Berkeley
UC Berkeley 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.”
Sidewalk Injuries at UC Berkeley
One of the most common premises liability injuries on a college campus is sidewalk injuries. This is because sidewalks often have uneven surfaces due to cracks, tree roots, debris, or poor maintenance that goes unattended for too long, and puts many students at risk.
Thousands of students rely on sidewalks at UC Berkeley to get to their classes, dorm rooms, or extra-curricular activities. But, let’s say for example the route to Sproul Plaza is in poor condition, and you suffer a trip-and-fall accident because of an unrepaired pothole, causing your to suffer head trauma. This can have a major impact on your well-being, as well as your ability to return to your classes and continue your education.
This may sound like a freak accident, but sidewalk trip-and-fall injuries are extremely common. According to Purdue University, the most common injury amongst young, college-age adults is trip-and-falls, with 46% of these injuries occurring while walking. So, if you’re injured due to a trip-and-fall on a campus sidewalk, be sure to contact us at Maison Law for a free consultation to see if you have a premises liability case.
What if I’m Injured at UC Berkeley Wellbeing & Fitness Centers?
Students are instantly granted access to the Fitness Center on campus once they have their student ID. The Fitness Center offers students exercise equipment for cardio, weightlifting, and open spaces for performing yoga or taking aerobics classes. Like most gyms, participants are required to sign a “liability waiver” because they are engaging in an inherently risky activity when they work out at the Fitness 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 UC Berkeley?
It is difficult to know the specific amount of compensation you can receive for a personal injury at UC Berkeley 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 (if you have to miss work to recover, or take of your child)
- 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
Maison Law | Premises Liability Injury Lawyer
If you or a loved one has sustained injuries due to a premises liability, earthquake, or a careless act at UC Berkeley, Maison Law can get you the maximum compensation for the damage done to your life. We understand how hard you’ve worked to get to college, which is why we work hard to get student their life back after suffering an injury.
Contact Maison Law today for a no-cost, no-obligation consultation and case evaluation. There are no upfront charges for our services and we only get paid if we win your case.
