My son was assaulted injured harassed at a campus event that didn't have security police or medical Ems at event ....he was assaulted by a group of students and no action was taken a week later and son lives on campus with identified students..I want to peruse university and each student for this brutal attack..I m going through great expenses to come to this university to follow up on incident..I have legal shield but I don't want anyone who may be an affiliate of this university..1. What grounds to I have against university2. What is needed to have a tight case.3 how do I insure that there is no association with university when we retain..4 My son is a target for retaliaion he is in his senior year, can I hold school responsible for his safety..
Country relating to Question: United States
State (if USA): Virginia
I went to campus police, city police who has already dropped the ball,
Local magistrate...we are going to get order protection that I thought was already taken care of by detective..
Hi - my name is XXXXX XXXXX X'X a Personal Injury litigation attorney here to assist you. I'll try to answer your questions in the order you asked. 1. What grounds to I have against universityThe university can't be held responsible for the assault as no person or entity can be held liable for another's criminal actions. However, the university can be sued for negligence in failing to have adequate security and in failing to properly investigate the incident. Providing safety/security measures is the duty of the university. It can't insure safety, but it must provide adequate security. Thus, negligence would be the main claim. 2. What is needed to have a tight case.In order to establish a case for negligence, one must prove that the university owed a duty to your son at the campus event, that the university breached its duty by failing to have security at the event and that, as a result, your son was damaged. The best proof is documentation or evidence of the fact that no security was present and that the campus police did nothing to investigate and otherwise didn't try to bring justice to this matter. 3 how do I insure that there is no association with university when we retain.Any attorney you consult would have to disclose to you the fact that he/she had a connection or association with the school. You certainly can ask the attorney if there is an association. It is likely that you may have to go out of town to find a lawyer willing to sue the university. 4 My son is a target for retaliation he is in his senior year, can I hold school responsible for his safety.Again, the school is not responsible to insure safety for any student because it can't be liable for the criminal actions of others. Also, the school cannot be required to provide your son personal security. Instead, your son is entitled to the same level of security that all students are entitled to. Unofficially, your son could inform campus police of the retaliation/bullying and they would likely try to provide some additional surveillance or do some routine checking in on him. If the university didn't provide security at the campus event where your son was injured, there should be a viable negligence case worth pursuing. You should consult with an attorney ASAP because there are short statutes of limitation and also notice provisions involved when suing a state school or political subdivision. Please let me know if you have additional questions.
Thank you, XXXXX XXXXX do more homework...the coach of these students spoke to them that is third party info..can or should I request from the university for written actions taken in response to this incident.
You can ask the university for this information, but it is likely that they'll tell you that information regarding an incident or an ongoing investigation cannot be provided. However, if you were to sue, you can subpoena the records or obtain them through the discovery process. Please let me know if you have more questions. Thanks.
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