Legal Question in Civil Litigation in Pennsylvania

My son was assaulted at college in Philadelphia by another student and was seriously injured.

The assailant is being prosecuted by the city for aggravated assault.

Can my son sue the other student?

I also believe that this incident could have been prevented had the university police been at their station on the corner or patrolling on foot or bike like they normally do because the assault occurred in a high crime area and at 1 AM on a Friday night, a high alert time of the evening.


Asked on 5/15/12, 8:22 am

1 Answer from Attorneys
Andrew Solomon Law Office of Andrew A. Solomon

First, yes. Your son can sue the assailant. The problem will be collecting on any judgment you obtain. It is likely that the assailant has no assets and you can no go after his parents to pay a judgment. As to suing the school, you can do this, however, you will have to prove that the university was aware of the high crime rate in the area; that the incident occurred on school property; and you usually need an expert witness to prove that the university should have provided better security. As a result, unless your son was very badly injured, it does not pay to bring such a suit, because the legal costs (filing fees, court reporter fees, expert witness fees) are so high.

Read more
Answered on 5/16/12, 11:17 am


Related Questions & Answers

More General Civil Litigation questions and answers in Pennsylvania