ERIC Number: EJ1069585
Record Type: Journal
Publication Date: 2015-May-26
Pages: N/A
Abstractor: ERIC
ISBN: N/A
ISSN: ISSN-1938-5978
EISSN: N/A
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.
Descriptors: Off Campus Facilities, College Housing, Higher Education, Risk Management, Legal Responsibility, School Responsibility, Court Litigation, College Administration, Injuries, Educational Malpractice, Negligence, Facilities Management
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
Grant or Contract Numbers: N/A