In tort law, there’s a concept called negligence per se. This applies to universities when something goes wrong because they didn’t follow laws or rules meant to keep people safe. If a university or its staff breaks a law and it directly harms students or others, they might be held responsible.

Here are some examples of when this can happen:

Safety Rules

Imagine a university ignores fire safety rules. If a fire happens because they didn’t follow the state fire codes, and students get hurt, the university could be found negligent. The main points to prove in this situation are:

1. There is a Law: This could be a local law focused on keeping people safe.
2. They Broke the Law: The university didn’t follow these important safety rules.
3. Connection to Injury: There needs to be a clear link between their failure and the injuries.
4. Who is Protected: The person harmed must be someone the law is meant to protect.

Untrained Staff

Another example is if a university doesn’t ensure that athletic coaches have the right training. If a coach is not properly certified and an athlete gets hurt because of it, the university could be responsible. Just like with fire safety, not meeting training requirements could make the school liable.

Poor Facility Maintenance

When it comes to student safety in places like dorms or labs, the university must keep these areas safe. If they don’t take care of these places and someone gets hurt as a result, the university might be held responsible. Here’s how this can unfold:

• Safety Codes for Buildings: There are rules about how living spaces and labs should be maintained.
• Failure to Maintain: If the university ignores these rules and it leads to injuries—like faulty wiring causing a shock—the university has not done its job.
• Direct Harm from Neglect: If a student or staff member gets hurt due to this neglect, they can seek damages because the university didn’t follow safety laws.

Sexual Assault Cases

If a university doesn’t follow Title IX requirements, like not providing staff with proper training on sexual assault prevention, it could be held liable. Here’s how negligence per se plays into this:

1. Laws to Follow: Title IX requires schools to take actions to prevent discrimination and maintain a safe environment.
2. Ignoring Responsibilities: If the university chooses not to offer training or uphold policies, it fails to meet its legal duties.
3. Consequences of Neglect: If this failure leads to an incident of sexual violence, the university can be blamed for not following the law properly.

Employer Responsibility

Universities can also be held responsible when their employees act carelessly. For example, if a professor doesn’t supervise a lab properly and a student gets hurt, the university may be found liable. Here’s why:

• Responsibility for Employees: Schools can be held accountable for their employees’ actions if those actions occur while they’re doing their job.
• Breaking the Law: The employee’s carelessness must also violate a statute.

Student Actions and Responsibility

Sometimes, if students are hurt because of their own actions, it raises questions about whether the university shared some responsibility. Although this is a tricky area, how the university handled student safety can make a difference in people’s opinions.

Conclusion

In summary, universities can be held responsible for negligence per se in different situations, especially if they fail to follow laws meant to protect students and staff. From safety regulations to training for staff, it’s clear that sticking to the law is critical for the safety of everyone in the school community. Not doing so can lead to serious consequences.