By Cat Todd. Last Updated 27th February 2024. A university should be a safe and secure environment for anyone who uses it; whether a student, member of faculty or a visitor to the establishment. The safety and security should extend not just to their health, safety and well-being, but to any information they have provided to the organisation. If a person suffers an injury in a university because of an unsafe environment, or a breach of their data leads to them suffering harm, they could be eligible to sue the university for compensation.
If you were injured in a university, or suffered harm due to a university data breach, this guide will offer you comprehensive information on what steps to take to claim compensation. It will explain the difference between the two types of claims in personal injury and data breaches, and will give you more information on your rights when it comes to health and safety, and your personal data.
Our advisers offer free initial consultations and could help you formally begin a claim. You can reach them using:
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Choose A Section
- How To Sue A University For Personal Injury
- Examples Of Accidents In A University
- How To Sue A University For A Data Breach
- How Much Compensation Could I Get In A Claim Against A University?
- How To Sue A University On A No Win No Fee Basis
- Learn More About How To Sue A University
How To Sue A University For Personal Injury
If you were injured at university, you might be wondering if you are eligible for financial compensation. While you are in a public space, the controller of that space owes you a duty of care under the Occupiers’ Liability Act 1957 (OLA).
This means that they are responsible for your health and safety, and must ensure that visitors are reasonably safe when there. This duty also applies to universities. If this duty of care is breached, it could cause you to suffer an injury.
However, a breach in this duty of care alone is not enough to start a compensation claim. To do so, you must be able to establish that:
- You were owed a duty of care by the university
- They breached this duty of care
- You were injured as a result
To find out if you could be entitled to make a personal injury claim, contact our team of advisors today.
Examples Of Accidents In A University
A university should actively look for risks present in the area, and take steps to either manage or remove the risks to reduce the chances of accidents and injuries occurring. Accidents in a university could happen because of the below.
- Rundown Facilities: Loose floorboards or damaged electrical wiring, because of a lack of maintenance on the property, can lead to people suffering injuries from falls or electrical fires.
- Lack Of Safety Equipment: If a fire were to occur, items like smoke detectors, fire alarms and fire extinguishers could save lives or prevent injuries. A lack of such safety equipment could see a university held liable for any ensuing injuries.
- Exposure To Harmful Substances: While harmful chemicals can serve a use (e.g. cleaning chemicals or chemicals used in science labs) their use should be regulated and monitored so as to avoid any injuries or illnesses from exposure.
- Unsafe Materials: Exposed materials that could lead to injuries such as building materials or debris, should either be cordoned off or stored away when not in use so as to avoid any collisions or accidents.
If you were injured by a hazard that was not dealt with in a reasonable amount of time, reach out to one of our advisers to see if you can sue the university for compensation.
Evidence
Evidence of the hazard that caused your injury can strengthen your claim. This could come in the form of
- Witness statements: If someone witnessed your accident, collect their contact details as they could possibly provide statements to use in your claim
- CCTV (Or Similar Recordings): If recordings of your accident or recordings of the hazard that led to your injury exist, collect and maintain them to possibly use as evidence.
- Emails: If you as a student had raised a concern about a hazard, dated emails can prove that the hazard had not been dealt with in a reasonable amount of time.
Evidence of your injury can also be important. If you had not already done so, it is advised to seek out medical attention for any injuries you suffered. This can let you know more about your condition, and your medical records can act as evidence in your claim.
For more information about evidence you could use in your claim, why not reach out to one of our advisers. They offer free legal advice and could put you through to a personal injury solicitor from our panel.
How To Sue A University For A Data Breach
Any organisation that collects your personal data has to observe the rules and procedures set out in data protection and privacy laws. The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 are the primary data protection laws. They set out rules on how and when personal data can be stored, managed or used.
When a security incident leads to the destruction, loss, disclosure, alteration of or access to personal data, it becomes a data breach.
A data breach in a university could occur if:
- Your data is shared with someone not authorised to access it. For example, disclosing your personal home address or medical information when there was no lawful basis for doing so.
- A hack occurs. When a university collects your personal data, they are responsible for securing it. A data hack could see the university liable for any harm you suffer as a result.
- An error leads to them sending your personal data to the wrong person.
If you have suffered harm from a data breach, you could be eligible to sue the university and claim compensation. You can reach out to one of our advisers now for more information about making a data breach claim.
How Much Compensation Could I Get In A Claim Against A University?
In a personal injury claim, the compensation you seek would be to address the injury suffered and any of its effects. These effects include financial losses, but they have to be financial losses directly tied to the injury.
For an idea of what you could be awarded in compensation for the type of injury you suffered, you can use the Judicial College Guidelines (JCG), a publication that sets out potential compensation brackets for various injuries.
We’ve included a table illustrating some figures from the 16th edition of the JCG (2022) below.
Injury Award
Multiple Severe Injuries + Special Damages Up to £150,000+
Chest Injuries: (b) £65,740 to £100,670
Severe Knee Injuries: (i) £69,730 to £96,210
Serious Damage to Both Hands £55,820 to £84,570
Severe Fractures to Fingers Up to £36,740
Moderately Severe Psychiatric Damage £19,070 to £54,830
Moderate Ankle Injuries £13,740 to £26,590
Moderate Knee Injuries: (i) £14,840 to £26,190
Simple Fractures of the Forearm £6,610 to £19,200
Less Severe Psychiatric Damage £1,540 to £5,860
Financial losses you can claim (if caused by the injury) include:
- Loss of income
- Costs towards treatment
- Adaptations to your house
You can also seek out compensation for financial losses in a data breach claim. This type of compensation is known as material damages and, unlike a personal injury claim, you can seek out compensation for financial losses in a data breach without having sustained an injury, whether mental or physical.
In a data breach claim, for any mental or emotional suffering, you can seek out non material damages. Following the ruling in the Court of Appeal case, Vidal-Hall and others v Google Inc 2015, non-material damages can now be awarded as its own type of compensation without having suffered any financial losses.
How To Sue A University On A No Win No Fee Basis
While you aren’t obligated to seek help from a legal professional, working with an expert solicitor can bring a number of benefits to your claim.
For example, when you work with a solicitor, they can help you negotiate a settlement. A solicitor can also help you collect evidence to support your claim, and explain any aspect of the claiming process that you may need help with.
One benefit of working with a personal injury solicitor from our panel is that they work on a No Win No Fee basis. Working with a member of our panel under a Conditional Fee Agreement (CFA) means that you don’t need to pay an upfront fee for them to start working on your claim, nor do you pay a fee for their services if your claim fails.
If you make a successful claim, your solicitor will be due a success fee. This fee is taken from your compensation as a small percentage, but this percentage is limited by law. The legal cap helps to make sure that you keep the majority share of what you receive.
Contact Our Team
Our advisors can help if you have any other questions regarding how to sue a university. They can offer a free consultation, during which they can assess your claim, and potentially connect you with a solicitor from our panel.
To get started:
- Call us on 0800 408 7827
- Use the live chat feature
- Contact us online
Learn More About How To Sue A University
For other additional information, you might need:
- The ICO offers a detailed guide on what taking your claim to court could entail
- The ICO also offers a guide on how to raise a concern if your personal data was mishandled
- As a student, you can make a complaint about your university to the Office of the Independent Adjudicator for Higher Education
Thank you for reading our guide on how to sue a university. We offer guides on other topics such as:
For any more information, please get in touch with our advisers.
Article by first CHA
Edited by VIC