Maison Law represents students injured at California State University Monterey Bay. College is meant to be a time of growth and new experiences. But if you suffer injuries due to unsafe conditions or careless actions on the CSUMB campus, the college experience can become a burdensome ordeal.

Injuries at college can be life-altering, resulting in costly medical bills, missed time in class, and mental trauma. That’s why at Maison Law we advocate on your behalf to ensure you receive the maximum amount of compensation for your damages.

Legal Considerations for Injured Students at California State University Monterey Bay

Most students attending California State University Monterey Bay will spend the majority of their time in the classroom, interacting with like-minded students, and trying out new opportunities with friends. This is essentially what the college experience should be for anyone pursuing an education at CSUMB. But what happens if you suffer a serious injury due to hazardous conditions such as:

A wet floor in a classroom, restroom, or dorm room
Faulty building construction
Loose railing on a dorm hall stairwell
Uncovered manhole on the campus sidewalk
An accident with a campus vehicle

The scenarios listed above are just examples, but if your injury was caused by any type of hazardous condition or negligence from the University, then you can file a claim against them to receive compensation. If your claim is not quickly addressed by the University, then you may need to resort to more serious legal action and file a lawsuit.

At Maison Law, we can help manage your claim or file a lawsuit on your behalf if necessary. We help injured students by connecting them to immediate medical attention, collecting essential evidence pertinent to their claim, and building a strong case on their behalf to ensure they are financially compensated for the following damages:

Past, current, and future medical bills
Rehabilitation, therapy, in-home care, nursing care, medical devices, and medication
Lost wages and employment benefits (if applicable)
Permanent disability
Reduced or lost earning capacity
Out-of-pocket expenses
Costs to repair or replace damaged property
Pain and suffering
Negative impact on mental health
Post-traumatic stress disorder
Loss of enjoyment of life

How to File a Claim Against California State University Monterey Bay

When you file a claim against California State University Monterey Bay 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 California State University Monterey Bay

Filing a lawsuit against a public university like California State University Monterey Bay 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 CSUMB, 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.

Premises Liability at California State University Monterey Bay

California State University Monterey Bay 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 California State University Monterey Bay 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 California State University Monterey Bay Fitness Center?

CSUMB Otters 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 if I’m Injured During an Earthquake at California State University Monterey Bay?

In California, earthquakes are something that must be accounted for when designing any educational facility in California. If a building at California State University Monterey Bay is not structurally sound enough to handle an earthquake and people are injured as a result, then building designers can be held liable for damages. California Health and Safety Code 16600 (a) states:

“The State Architect and the State Building Standards Commission, in consultation with, and with the concurrence of, the University of California, the California State University, the Structural Engineers Association of California, and the Seismic Safety Commission, shall develop and adopt building seismic retrofit guidelines for state buildings, including those owned by the University of California and by the California State University, by January 1, 1993.”

Seismic retrofitting is the process of strengthening a building or home to withstand damage from earthquakes. The statute goes on to say that seismic retrofit guidelines include provisions for the removal of falling hazards that are structural or non-structural components of the building as they can cause life-threatening damage to those within the building during an earthquake. If these are neglected, then the University may be at fault for your injuries.

Who is Liable For Earthquake Injuries at California State University Monterey Bay?

If an earthquake occurs while students are attending class, they can sustain injuries from falling debris, collapsing structures, or being thrown into hazardous environments. Some of these injuries may just be from the naturally dangerous nature of the earthquake; however, depending on the details of the accident, injuries can be due to carelessness, breach of contract, or failure to comply with building codes.

Liability for building instability during an earthquake could fall on the University, however, an investigation could reveal that multiple parties are at fault. Other parties who may be held responsible for earthquake damages and injuries include:

Contractors
Property Owners
Construction companies
Architects and engineers
Energy companies

At Maison Law, we work with accident reconstruction experts and enlist testimony of verified professionals to prove fault when someone is injured in an earthquake. For more information, contact us today for a free case review.

What Compensation Can I Expect From a Personal Injury at California State University Monterey Bay?

It is difficult to know the specific amount of compensation you can receive for a personal injury at CSUMB 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 | CSUMB Personal Injury Lawyer

If you or a loved one has sustained injuries due to a premises liability, earthquake, or a careless act at California State University Monterey Bay, 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.

Personal Injury at California State University Monterey Bay