September 30, 2024 | Personal Injury
If you have been injured on South Carolina State’s Orangeburg campus, you may have a personal injury claim against the university. South Carolina State University at Orangeburg is one of the premier institutes of higher education in South Carolina. Accidents are bound to happen with thousands of students and hundreds of faculty members.
What Are the Steps I Should Take?
Here’s what to do if you have suffered injuries from an accident:
Seek Medical Attention
It’s common sense to seek medical attention after an accident. The important thing to remember is to do it immediately. If there is a gap of time between your injury and your treatment, the university might claim that your injuries happened later, so the accident is not what caused your injuries.
If you have any doubt about whether your injuries are serious enough to warrant medical attention, err on the side of caution.
Report the Accident
Contact university staff, preferably at the scene of the accident, and ask them to prepare an accident report signed by a university official. This might help you establish the facts of the accident during settlement negotiations.
Document the Scene of the Accident
Document the scene of the accident as much as you can. Photograph anything that might help you win your claim, right down to a banana peel on the sidewalk. Record the details of the accident in a journal while your memory is still fresh. Get personal contact details for any eyewitnesses.
What Are My Legal Options?
Premises Liability
Under South Carolina premises liability law, South Carolina State University has certain obligations to visitors to protect them from injury. This obligation applies to students as well as to other visitors but not (for the most part) to trespassers. Below is a summary of South Carolina State’s obligations:
- Maintain safe conditions on campus.
- Warn of obvious and latent dangers, such as a slippery surface.
- Conduct routine safety inspections of campus and investigate any reports of dangerous conditions.
- Remedy known dangers to the extent possible.
- Provide adequate security to protect against criminal acts.
- Ensure that third-party contractors operate safely and do not cause hazards.
The university can bear liability if anyone suffers an injury as a result of the university’s breach of any of the foregoing obligations.
Negligence Claims
Legally, you will probably end up filing a negligence claim against the university, regardless of whether your claim relies on premises liability. To hold SCSU liable for negligence (carelessness), you will probably need to prove:
- The university owed you a duty of care.
- The university breached that duty.
- The breach caused you to suffer an injury.
- Your injury resulted in damages (e.g., medical bills, lost wages, pain and suffering, or disability).
The university’s duty of care toward you can vary depending on whether you qualify as an invitee, a licensee, or a trespasser. Students and faculty are invitees, and they therefore enjoy the highest obligation of care. Contact your lawyer if you are unsure of your status.
Special Case: Workers’ Compensation
If you are an employee of the university, the workers’ compensation system might be the appropriate venue to file your claim. Although workers’ compensation is a no-fault system, damages are strictly limited compared to personal injury lawsuits.
How do I Sue the University Under the South Carolina Tort Claims Act?
The state of South Carolina owns South Carolina State University (SCSU) in Orangeburg. It is part of the South Carolina higher education system under the Department of Education. The South Carolina Tort Claims Act governs lawsuits against state government entities, including the university. Although the Act prevents anyone from suing the state without its permission, it does permit lawsuits for most personal injury claims.
- You must file a notice of claim with the CEO of the university and with the Insurance Reserve Fund within one year of the date of the accident or when the accident should have been discovered.
- Wait up to 180 days for the university to respond to your notice.
- If the university rejects your claim or responds with a counteroffer, you have until two years (or even three years in some cases).
Contact a Columbia personal injury attorney today if you need help understanding the nuances of a personal injury or workers’ compensation claim.
Contact a South Carolina Personal Injury Lawyer at Jeffcoat Injury and Car Accident Lawyers Today
For more information, contact the Personal Injury law firm of Jeffcoat Injury and Car Accident Lawyers to schedule a free initial consultation.
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