Potential Civil Liability for Criminal Acts on College and University Campuses
June 5, 2002
Alan J. Watson- Los Angeles
The media often focuses on crimes committed at colleges and
universities or committed by students on and off campus. Whether an assault by
a student-athlete, dorm theft, drunk driving or more heinous crimes, the media
raises the profile of criminal behavior on campus, even if only tangentially
related to the school or its student body. Colleges and universities everywhere
should be concerned about possible civil liability for injuries resulting from
these actions.
In most states, the general rule is that the law does not
impose liability on schools for the criminal actions of third parties unless
there is a special relationship between the school and either the person injured
or the person causing the injury. At the grade school level, the special
relationship nearly always exists between students and schools, stemming
principally from the state's requirement to provide an education.
Colleges and universities do not have the same automatic
special relationship. When a special relationship exists, it is not easily
quantified. Although colleges and universities have been held liable for
others' criminal acts on and off campus, case law supportive of colleges and
universities exists - finding no special relationship to protect students from
criminal acts off campus at fraternity housing. Keep in mind that defending a
liability claim, or taking precautionary steps to prevent the claim, depends
greatly upon the location of the campus and the unique circumstances of each
situation. As there is not automatic liability associated with criminal acts,
and in fact there are many circumstances that would preclude liability or allow
for implementations that could avoid liability, it is import to assess each
situation fully and critically.
For more information, please contact Alan J. Watson at
888-688-8500, or by e-mail at awatson@hklaw.com.
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