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This is a question of theoretical interest, since the likelihood that I'd actually take this action is near 0.

So, there is one particular commonly traveled outdoor covered hallway on campus that is the main north/south pathway for everyone traveling. There is a campus policy prohibiting skateboards/bicycles/etc. from being used in this hallway for safety (and, in my opinion, noise!) but particularly safety reasons.

There is no-one currently enforcing this policy. There have been accidents due to unsafe people breaking this policy causing injury. The campus police don't want to get involved since it's not a matter of law but of campus policy.

So...as an individual, does one have the right/ability to sue to try to compel the university to enforce its own safety policy? It seems like there'd be standing (As I'm at risk by it not being enforced). If not, is there any other legal redress?

Again, mostly hypothetical....(Although the more those skateboards annoy me.....)

Alan
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1 Answers1

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No.

I doubt a court would find you have standing to pre-emptively sue to enforce a policy which has not resulted in any harm to you.

Recommendation

I recommend you write an open letter to the president of the university advising them of the situation. Publish the letter in the campus newspaper.

In the letter, include language like, "I am hereby, officially putting this university on notice of a danger to student safety." And "there is already a university policy against this, but it is not being enforced." And, "I beg, I implore this university to please enforce this policy." And "If, God forbid, someone were to get injured, this letter will be proof you were made aware, even warned publicly, of imminent danger to your student population..."

The purpose of this letter is to nudge the university into enforcing the policy out of heightened awareness of liability if someone were to be injured.

Alexanne Senger
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