ABA Family Legal Guide

Personal Injury

Negligence

Some Special Situations

Someone attacked my daughter on the campus of the college she attends. May she hold the school responsible for this attack?

Your daughter may have a negligence action against the college. In a developing area of law known as premises liability, some courts have found such entities as universities, motels, convenience stores, and shopping malls liable for attacks because they did not exercise reasonable care in preventing victims from being harmed. However, courts are divided on this issue, and plaintiffs bear a heavy burden of proof in showing that the crime was foreseeable. The most important factor is whether there had been similar crimes in the location. A court would also consider what security precautions the college had taken.