Many students find college challenging and struggle to adapt and succeed. Tragically, some students feel as if they are unable to go on and ultimately die due to suicide. Whether a school that is aware of a student’s mental health struggles can be deemed liable for the student’s death by suicide was the topic of a recent Massachusetts opinion in which the court declined to grant the defendant’s motion to dismiss the plaintiff’s negligence claims. If you or your child suffered injuries while attending a college or university, you might be owed damages, and it is advisable to speak to a Massachusetts personal injury attorney to discuss your rights.
The Plaintiff’s Decedent’s Struggles and Untimely Death
It is reported that the plaintiff’s decedent began attending school at the defendant college when she was sixteen. Shortly after she arrived on campus, she advised a mental health counselor that she had a history of suicidal ideation and self-harm. Throughout her years of attendance, several reports were made regarding concern for her safety, and wellness checks were conducted. The counseling department was advised on several occasions that the decedent was abusing substances as well.
Allegedly, the defendant was also advised that the decedent was sexually assaulted, engaged in acts of self-harm and that she wrote a play in which the lead character ended her own life. The defendant never advised the decedent’s parents of any of the foregoing. The decedent was found dead one morning, and the manner of her death was determined to be suicide. The plaintiffs, the decedent’s parents, filed a lawsuit against the defendant alleging negligence and other claims. The defendant filed a motion to dismiss, arguing it did not owe the decedent a duty.