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California State University Premises Liability

The Support You Need. The Settlement You Deserve.

California State University Premises Liability

Maison Law represents students injured on California State University campuses due to premises liability. Premise liability at California State University occur when a property owner fails to make a reasonable effort to maintain a safe environment for visitors. Failure to keep the property safe will result in a premises liability, and you have to file a lawsuit to pursue damages.

At Maison Law, we file premises liability lawsuits on behalf of students injured while on California State University campuses. To see if you have a case, contact us today for a free, confidential case review.

Types of Premises Liabilities at California State Universities

The California State University system has a legal obligation to maintain safe conditions on their campuses. A violation of this legal obligation is considered a premises liability. Examples of the university’s responsibility to prevent hazardous conditions include:

  • Ensuring walkways, dorms, classrooms, and other facilities are safe and up to code
  • Addressing 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

California Premise Liability Law

If California State 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.”

Premise Liability: Earthquake Injuries

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

Who is Liable For Earthquake Injuries?

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.

In most cases, liability for building instability during an earthquake would fall on the California State University system, 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

How Can Maison Law Help Me with a California State University Premises Liability

If you suffer an injury on California State University property, determining liability can become a complex matter. Claims against California State Universities can be complicated due to the university being a government entity, but with the correct representation, you can achieve a successful claim. At Maison law, we’ll help you after a premises liability injury by:

  • Increasing your initial settlement by letting the insurance adjuster know you intend to invoke your rights
  • Making you aware of the compensation you will need in order to treat your injuries and make a full recovery
  • Helping you understand what a fair settlement should be based on the details of your case
  • Building a case by gathering evidence such as:
    • Proof of the damages you’ve suffered
    • Evidence that a person, or business, was liable for your injuries
    • Evidence the accident was in no way your fault, nor could you have done anything to prevent it
  • Filing a claim in court if a settlement cannot be reached and presenting your case in front of a jury

How is Fault Determined in a California State University Premises Liability?

California law determines fault for a premises liability injury through the law of comparative negligence. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, as well as have their compensation reduced by their percentage of fault. This legal action is covered under the Comparative Negligence Law, which states:

“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”

So, for example, let’s say you were skateboarding in the dining hall and your wheels lost traction on a wet floor and you hit your head on the tiles, fracturing your skull. If the university failed to warn you about the wet floor, they can be held responsible. However, if you’re not allowed to skateboard indoors at the university, you could also be held partially at fault.

If a settlement for this injury is not reached, then a judge and jury will assign a percentage of fault to both parties and your compensation will be reduced by your percentage of fault.

How to Prove Fault in a Premises Liability at California State University

To establish that the university was careless and caused your accident, you would need to prove the following

  • Duty of care: The university has a legal obligation to keep students and visitors safe and prevent hazardous conditions
  • Breach: The university failed to uphold their duty of care toward students and visitors
  • Cause: The university’s carelessness was a direct cause of your injury
  • Damages: You suffered verifiable damages and incurred heavy losses due to the injuries sustained from the accident

These elements of carelessness appear relatively straightforward. However, proving these careless acts to an insurance company takes legal experience and the expertise of a Personal Injury Lawyer at Maison Law.

Filing a Lawsuit Against California State University Campuses

Filing a lawsuit against a public university system like California State University 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 CSU, 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.

What is a Personal Injury on California State University Campuses Worth?

When a lawsuit is filed by an attorney on behalf of the plaintiff in a personal injury case against a California State University, a settlement may be offered at any time. In fact, nearly 95% of civil cases are resolved through settlement deals, rather than with a jury verdict in a trial. So, a settlement is the likely outcome. Before you decide whether or not to settle, you need to understand how much your lawsuit is worth. The value of your case will largely be determined by the following damages:

  • Medical bills
  • Property damage
  • Pharmaceuticals, wheelchairs, crutches, or whatever else is needed to help you live with your injury
  • Lost wages

Another determining factor in the value of your case is non-economic damages, which include:

  • 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
  • Loss of consortium (to be filed by an immediate family member due to loss of love or companionship)

Victims are eligible to request more money for their non-economic damages if they:

  • Had a long recovery period
  • Required invasive medical treatment, or medical treatments that were ongoing
  • Were particularly painful injuries
  • Had obvious physical signs of the injury like scars, or loss of a limb
  • Contained severe injuries that resulted in permanent physical alterations or disability

Contact a California State University Personal Injury Lawyer

If you or a loved one has sustained injuries due to a premises liability or a careless act on a California State University campus, Maison Law is here to get you the maximum compensation for the damage done to your life. College is meant to be a time of growth and positive change, not a major setback.

That’s why, at Maison Law, we take the necessary legal action for you to be compensated for all current and future damages you may face after an accident on a CSU campus. Don’t wait until it’s too late to take legal action. Contact Maison Law today for a no-cost, confidential consultation and case evaluation.