Quoted: The Commonwealth of Virginia and its instrumentalities actually waived sovereign immunity and have the Virginia Tort Claims Act. The law is not entirely well-developed, but some states suggest that colleges have a "special relationship" with the students such that they owe a heightened duty of care. |
I don't know a whole lot about Virginia law, but in W.Va., plaintiffs can recover up to the limit of the political subdivision's (the university's) liability insurance policy without sovereign immunity even coming into it.
It all depends on how the Virginia Supreme Court has handled the issue over time.
As to the special duty doctrine, there usually has to be some kind of affirmative act on the part of the political subdivision in order for the duty to be operative, i.e. a promise of individual protection, etc. Failing that, a court probably won't find any duty on the part of the political subdivision to protect any particular individual.
ETA -- not a lawyer, just a student.