College leaders are considering many factors as they make their plans for a fall semester amid a global pandemic, among them: Can students sue if they get coronavirus on campus?
College leaders are considering many factors as they make their plans for a fall semester amid a global pandemic. Among their considerations: student and worker safety, government guidelines, finances — and the threat of lawsuits.
Right now, universities, like any organization, are required by law to exercise ordinary care to their grounds to make them safe for use from anyone who comes on campus to avoid causing injury or illness, said Kyle Logue, a professor at the University of Michigan’s law school who studies insurance, tax and tort law.
“ The debate over liability protections in higher education comes amid a broader discussion in Congress about whether businesses should be shielded from lawsuits. ” But they’re concerned that if their approach to the fall semester differs from another school’s approach, it could open up an opportunity for a claim of negligence, said Peter McDonough, ACE’s general counsel.
Consumer advocates see the waivers as a way to help colleges feel more comfortable putting financial concerns over safety. It’s not just the students they’re worried about. The faculty at many colleges is older and so at-risk for complications from COVID-19. There’s also the staff that powers schools’ cafeterias, dorms and lecture halls.
Under typical circumstances, students — or anyone, for that matter — have the right to sue their schools if they’re injured or fall ill in their care. Consumer advocates like Pierce argue that the schools are looking for a change to this standard “at the worst possible time” — the middle of a global health crisis.
Even without liability protection, a student who got sick would face an uphill battle if they decided to hold their university responsible, Logue said. In order to win the claim, a student would have to prove that the school had a duty to protect them, breached that duty, and that breach of duty was the cause of their illness.
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