College Fraternity Sued For Wrongful Death
College Fraternity Sued for Wrongful Death of Florida State University Student
A 20-year old junior student who had recently transferred to Florida State University to study civil engineering died of alcohol poisoning during an off-campus fraternity party. Andrew Coffey, a Pi Kappa Phi pledge holder was found unresponsive and died later after participating in the fraternity’s “scumbag of the week” ritual during which he was forced to consume a full bottle of bourbon. Coffey’s family sued the Alpha Epsilon Pi for wrongful death; the lawsuit also charged eight members of the leadership of the family for criminal hazing. According to reports, the tragic incident prompted FSU President John Thrasher to shut down all fraternity activities, some portions of the ban were lifted subsequently.
Liability of Universities in Cases of Wrongful Death in Fraternity Events
In cases of lawsuits for personal injury and wrongful death, it is quite common for fraternities and sororities, including their members to be named, however, it may surprise many people that even the universities hosting these Greek organizations may also be from time to time held responsible depending on the circumstances. Several legal theories have been suggested that can lead to the colleges being held legally liable. Some of these include, but are not limited to, the following:
- Special Relationship Assumed Duty: When the responsibility of the safety of the students is assumed by the college, it can also mean taking responsibility for events, including sorority parties and Greek parties, that may result in any of the students getting injured.
- Premises Liability: If the college or university owns the property, including the sorority or fraternity house, where the injury has taken place, the college can be held liable under the laws relating to premises liability. It may be possible to prove that the college failed to take reasonable measures to ensure that students were not exposed to and protected from any danger. However, the negligence, if any, will only cover circumstances that can be reasonably predicted that are likely to result in students being injured and will cover such acts committed by third-parties like college fraternities and sororities.
- Social Policy: Universities have been held liable under certain circumstances under the theory of social policy negligence. This is based on the fact that they exercised a certain amount of control over fraternities and sororities, and were especially aware of hazing incidents that had taken place earlier and failed to prevent the subsequent ones. The universities typically expose themselves to the liability because of the publicity they receive after they fail to intervene and take the required steps to stop incidents of hazing.
Why You Should Contact an Attorney if You or a Loved One Has Been a Victim of Greek Life Incidents?
Wrongful deaths or personal injury claims resulting from Greek life mishaps can be quite complicated due to many reasons. Typically, the claims can involve a large number of parties ranging from the Greek organization to the actual individuals committing the heinous acts and the university itself. Identifying the people or entities who are the actual responsible parties is not an easy task and can require a skilled and experienced personal injury and wrongful death attorney, especially one who is well conversant with the laws applicable in Florida.
The skilled and competent lawyers at Lavalle, Brown, Ronan & Schwencke, P.A. have vast experience of handling personal injury and wrongful death cases. For a free evaluation of the circumstances of your case and a determination of the best course of options, contact us today!