As I was leaving the Campus Ministry House of my university, an entire/rather large piece of siding fell off of the house and cut my scalp, face, and nose open. According to documentation, the Campus Ministry Department had filed a complaint to Facilities some time ago, but Facilities had yet to fix the problem. At the time of the accident (8pm), I did not feel as though anything was wrong probably due to embarrassment or adrenaline. However, the next morning I woke up with a major headache. I contacted the Campus Ministry Director who encouraged me to be seen on campus if my symptoms worsened. When my headache got worse and I developed symptoms of dizziness, blurred vision, nausea, and confusion, I called the on-campus infirmary. They were unable to see me until 9am the next day, which was today, and I was diagnosed with a concussion. I am unable to focus in class/at work and may have to take time off due to the concussion. Do I have a lawsuit given that paperwork was filed to facilities, the university had not taken care of the matter in a timely manner, and I was injured?
If you were an employee of the University as opposed to a student, you may want to reach out to a workers' compensation attorney. If you are both an employee and student, your rights may depend based upon what you were doing at the time. Employees are in most circumstances limited to pursuing a workers' compensation claim. If, however, you were a student (or were at least acting in a student role at the time) you may have a civil claim against the University. The key fact is that they had notice of the dangerous condition and failed to act. I would recommend reaching out to a personal injury attorney to find out more about your case. Most offer free consultations and will be able to work through the facts with you to identify your rights.
T. Shawn Howard
Maginnis Law, PLLC
The information provided should not be considered legal advice and does not create an attorney client relationship. I am not licensed to practice in any State other than North Carolina. The results of your case will depend on the presentation of evidence, the law and other factors that may change depending on an in depth analysis of the facts of the case. Please see an attorney before making legal decisions.
The legal issue is whether the university had notice or should have known about a dangerous condition an failed to reasonably respond and correct the condition or warn about it. These are tough cases to prove in NC. if your injuries resolve rather quickly it might not be worth your trouble to file a lawsuit. You can always file a claim and see how they respond, or go see an attorney.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline