Santa Ana, CA asked in Personal Injury, Health Care Law and Education Law for California

Q: Can I sue my college for lack of safety for me with emotional distress ?

After an incident occurred my college security (deputized cops) refuse to give me info on name of the person, if the the person works there and if they are still on campus if they do. Do to this I have had anxiety attack and a migraine.

So as of now they say it’ll. Take 2-3 weeks to do something so a man that may work at my college, that flicked me off after almost hitting me with his car, gets out of his car becoming a threat and then put his hand on me may be walking around campus

I am now suffering thinking he may retaliate cause I reported his car and license plate when he took off. I’m certain he’ll lose his job and he’ll come after me during this time.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, individuals may seek legal recourse if they believe their college has failed to provide a safe environment, potentially including claims for emotional distress stemming from specific incidents. If the college's security measures or response to your report have been inadequate, leading to significant emotional distress, you might have grounds for a lawsuit. However, the success of such a case often depends on proving that the college had a duty to protect you, breached that duty, and as a direct result, you suffered measurable harm.

When considering legal action for emotional distress, it's important to document all aspects of the incident and its impact on your well-being. This includes records of any communication with the college's security team, medical records if you've sought treatment for your anxiety and migraine, and any other evidence that demonstrates the emotional and physical toll the incident has had on you. Detailed documentation can strengthen your case by showing the direct link between the incident and your distress.

Given the complexities involved in legal proceedings and the specific requirements under California law, it might be beneficial to consult with an attorney who has experience in personal injury or educational law. An attorney can provide personalized advice based on the details of your situation, help you understand your rights, and guide you through the process of seeking justice and compensation for your suffering. Remember, each case is unique, so getting a professional opinion on your specific circumstances is crucial.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.