The University is currently protected for liability arising out of the negligent actions of its employees, agents and officers through the State Self-Funded Liability program. This program is administered by the Department of Administration under State Statutes 893.82 and 895.46.
In order for coverage to exist, negligence must be proven on the part of a University agent, employee, or officer. Negligence can be determined through a four step analysis of the situation in which the injury occurred. The campus risk manager will evaluate each liability claim based on these four requirements:
- A duty of some type is owed by the University to the third party in the particular situation where injury occurred. For example, the University has the duty to drive safely when using vehicles on public roads.
- The University employee, agent, or officer fails to fulfill the duty that is owed, for example, fails to drive safely.
- An injury or damage to a third party occurs.
- The injury or damage which occurred was a proximate result of the University's failure to meet its duty.
Based on these criteria, the campus risk manager can more clearly determine when negligence has occurred and when claim payment should be considered. Payment should also be dependent upon the fact that a University employee, agent, or officer was responsible for the negligence and that the individual was acting within the scope of his/her duties at the time of the incident.
The University does not provide liability protection for its employees, agents, or officers while they are acting outside of the scope of their employment duties.
Any incident resulting in injury or damage to a third party (a non-University employee) or their property should be reported to the campus risk manager. This includes but is not limited to bodily injuries which occur on University property or during University events to student or guests of the University; damage incurred to non-University property which is on or off campus as a result of University activities; or any other damages which may potentially be construed as the responsibility of the University.
It is the responsibility of the campus risk manager to inform campus personnel of proper reporting procedures for the campus. According to State Statute 893.82, the claimant has exactly 120 days from the date of the incident to file a legal claim with the Attorney General's office.
The Campus risk manger is the central incident reporting point for the campus, receipt of an incident report from campus personnel or from a third party claimant will be handled consistently.
Written Claim Submission:
The following relevant information should be submitted:
- incident report
- police report/motor vehicle accident report if available
- witness statements
- claimant statements
- weather reports at time of incident
- statements from UW employees to substantiate situation--i.e., grounds keeper
- photographs of incident location
- medical bills
- property estimates