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ERIC Number: EJ1069585
Record Type: Journal
Publication Date: 2015-May-26
Pages: N/A
Abstractor: ERIC
Reference Count: N/A
ISBN: N/A
ISSN: ISSN-1938-5978
A Spectrum of Liabilities for Off-Campus Housing
Cormier, Mary-Pat
New England Journal of Higher Education, May 2015
The focus of this article is liability of higher education institutions for off-campus housing. In the off-campus housing context, the "assumed duty" theory was determinative in a 2006 Delaware Supreme Court case. A student was assaulted by the boyfriend of another student in the parking lot of off-campus housing. The housing was "offered" by the defendant university to the plaintiff who did not get into a residence. The case went forward on negligence and detrimental reliance claims, because the university "assumed" the duty to exercise reasonable care when it undertook to provide off-campus housing. Likewise, in 2014, a New Jersey case involved a student injured by a broken window in off-campus housing that the defendant college "arranged." The plaintiff relied on the duty of care owed by the higher education institution (HEI) with respect to the off-campus housing it "arranged." Therefore, it had a duty to warn the student of the defective window in the off-campus housing unit. These cases demonstrate a continuum or spectrum of liability exposures for off-campus housing. Risk management strategies for the liability spectrum are discussed. Understanding where an HEI falls on the spectrum of liability exposures is essential to a risk management strategy.
New England Board of Higher Education. 45 Temple Place, Boston, MA 02111. Tel: 617-357-9620; Fax: 617-338-1577; e-mail: info@nebhe.org; Web site: http://www.nebhe.org
Publication Type: Journal Articles; Reports - Descriptive
Education Level: Higher Education; Postsecondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Delaware; Massachusetts; New Jersey