Can I sue the school for unsanitary living conditions? 14 Answers as of February 17, 2012
I am a student at a state college who has tried for years to to get my dorm bathrooms cleaned to an acceptable level. This year I was diagnosed with a bacterial infection as a direct cause of the unclean bathrooms. I went to the head of housing asking for money in damages for missed classes and my housing payment back and was told that I should have moved in previous year if I was unhappy (despite never being offered that option in the past) and refused to give my any sort of compensation. Do I have a case for suing the school for damages?Free Case Evaluation by a Local Lawyer!
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Bernard Huff, Attorney/Mediator | Bernard Huff
You should contact a plaintiff's attorney who handles school matters for specific advice and direction. In that you are a student, perhaps that attorney will assist you on a contingency fee basis.
Answer Applies to: Indiana
Replied: 11/11/2011
Lombardi Law Firm | Steve Lombardi
Yes, but only if you can prove the bacterial infection you suffered was caused by the bathroom conditions and that the bathroom sanitary conditions are a health hazard. If I were you I'd call the Iowa Department of Health and ask them to inspect; and if what they find supports your claim, you will have the proof you require.
Answer Applies to: Iowa
Replied: 11/11/2011
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
To sue successfully for a personal injury you have to prove by a preponderance of the evidence that your defendant 1. had a duty of ordinary care, 2. breached that duty, 3. proximately caused 4. your injuries. Your statement indicates a serious problem with proximate cause. You can read relevant cases (i.e. FINDLAY v. UNITED PACIFIC INS., 129 Wn.2d 368 (1996)) at the MRSC website.
Answer Applies to: Washington
Replied: 11/11/2011
Eftekhari Law Offices | Ehsan Eftekhari
Not really. It is hard to prove your damages.
Answer Applies to: Illinois
Replied: 11/11/2011
Kirshner & Groff | Richard M. Kirshner
Maybe but you should speak to a lawyer.
Answer Applies to: Florida
Replied: 11/11/2011
Ewusiak & Roberts, P.A. | Christopher J. Roberts
If an unsafe/unsanitary condition caused a serious health problem and the school was on notice but failed to fix the problem, then you may well have a claim.
Answer Applies to: Florida
Replied: 2/17/2012
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
While it may be difficult to prove the connection, file a suit in the Justice Court for the county you are in. This will get their attention.
Answer Applies to: Montana
Replied: 11/11/2011
David F. Stoddard | David F. Stoddard
If the doctor can state to a reasonable degree of medical certainty that your medical condition was caused by the unclean bathrooms, you might have a case.
Answer Applies to: South Carolina
Replied: 11/10/2011
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
Not in my opinion. Please get a second opinion.
Answer Applies to: Texas
Replied: 11/10/2011
Andrew T. Velonis, P.C. | Andrew Velonis
Theoretically, it sounds valid, but I've never heard of it being done. You have two problems though: 1) you have to prove, with medical testimony, that the conditions of the bathroom were the competant producing cause of the injury and 2) You can't expose yourself to danger and then sue someone else for doing so. In other words, you could have found out that you had the option of moving, you could have transferred to another college, you could have purchased a can of Lysol
Answer Applies to: New York
Replied: 11/10/2011
Hostetter & O'Hara | Matthew E. Dumas
Since you are dealing with a public entity, you would need to get a notice of tort claim on file ASAP. You must and should retain a lawyer, or at the very least, consult with one.
Answer Applies to: Indiana
Replied: 11/10/2011
Gilbert & Bourke, LLP | Brian J. Bourke
It is possible if the condition of the premises would be considered dangerous and the owner negligent in allowing the condition to exist. You would also need medical proof that the bacterial infection was caused by this dangerous condition. You mention it is a State school, so your claim is also effected by the need to file a claim against the governmental entity within 6 months from the accrual of the cause of action.
Answer Applies to: California
Replied: 11/10/2011
Paul Whitfield and Associates P.A. | Paul L. Whitfield
I doubt you can prove a bacterial infect ion occurred because the bathroom was unclean. That would involve complicated and expensive lab work and a doctors opinion that your problem was caused by the bathroom. I doubt if a doctor would say that. Causation of Infections are very hard to prove
Answer Applies to: North Carolina
Replied: 11/10/2011
