Mar 302014

Negligence Case in College Campus in New York

Cornell University, located in central New York State, made a controversial decision to

slip and fall due to negligence

The forecast predicted bad weather. Was the school negligent in opening the school?

open their campus at 9:30 a.m., on a day the National Weather Service called for 8 to 16 inches of snow with a weather warning until 7 p.m. that evening.   While other universities in the area took heed to the warning and reacted with delays and/or closings, Cornell University held true to their high threshold for cancelling classes and remained open.

Ignoring Dangerous Conditions- a Case of Being Negligent?

Factors for closure of the University would have included the dangerous conditions of roads on campus and roads leading to campus, transportation delays or cancellations, extremely cold and dangerous temperatures, and the continuing storm; all conditions that were accurate on the day the school went ahead with the decision to open.  At the point that Cornell University decided to open the campus to students and faculty, they became responsible for the safety of those who entered the campus.  As the Cornell Daily Sun reported, “The sidewalk to the new entrance of the law school, for example, was covered with compacted ice that had been compressed by people walking on it. Any injury occurring on these slippery walkways could boil down to the premises liability that property owners have for slip and fall accidents that occur on their property.”

Premises Liability Cases Qualify for Settlement Advance

Premises liability holds the property owner responsible for injury on their property.  While premises liability claims include a variety of accidents, slip and fall is the most common.  For the University to be liable for any student, faculty, or administration slipping on a campus sidewalk or road, the University must have caused the hazardous condition, or failed to have taken the appropriate precautions to avoid a hazardous situation.

Furthermore, to prove a slip and fall case on snow or ice in New York, a few things must be demonstrated:

  • You must prove that the defendant is in fact responsible for your slip and fall through negligence.  For example, the defendant would have to neglect to shovel the snowy/icy area or do a very poor job or…
  • You must prove that the defendant knew about the snowy or icy condition but failed to take the necessary steps to clean it up in a timely fashion or…
  • You must prove that the defendant should have known about the snowy or icy condition, yet did not take the appropriate action in finding a solution to the hazardous condition.

Businesses and universities should always employ a “safety first” policy in regard to winter weather.   If you live in the state of New York and have been a victim of slip and fall due to icy conditions, you could qualify for a lawsuit loan.  Lawsuit loans have helped individuals in New York maintain their finances while waiting for their final settlement money.  Once you complete the 30-second application with Interstate Lawsuit Funding, you could have up to $5,000 in presettlement funding to use at your leisure.

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