Drunken student dies — Was it fraternity’s fault?
July 20, 2009 by Tom D'AgostinoPosted in: From the Courts, In this week's e-newsletter, Latest News & Views
A drunken student arrived at a fraternity house looking for a party. Instead, he fell into a gorge and died.
The student and a friend were trying to find their way to a party at a Cornell fraternity house. But they parked at a fraternity house where there was no party. Then they walked to the rear of the house, ignoring a fraternity member’s questions.
It turned out to be a tragic decision. Behind the house was an 80-foot gorge, buffered by a five-foot-high split rail fence and about six feet of foliage. Somehow, the student made it past those barriers and fell to his death.
The student’s parents sued the fraternity, saying it failed to provide adequate warning and failed to guard against the danger of people falling into the gorge.
The court ruled for the fraternity. It wasn’t foreseeable that the student would trespass on the fraternity’s property, evade the barriers and fall into the gorge.
Cite: Elwood v. Alpha Sigma Phi, Iota Chapter of Alpha Sigma Phi Fraternity, Inc.
Should the fraternity have done more to prevent the tragedy? Let us know what you think in the comments section below.
Tags: alcohol abuse, fraternities, students
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July 22nd, 2009 at 9:56 am
The Fraternity can’t guard against stupidity, especially when it is fueled by alcohol. I understand that the parents want to have someone to blame for their son’s actions but, if the young man was old enough to be in college, he should be old enough to be responsible for his actions. Too bad he isn’t around to learn from his mistakes.
July 22nd, 2009 at 2:16 pm
Ok, what about the friend. Where was he when his friend fell. The two students were trespassing at this point, were they not? It is very very sad that someone lost their life. I really feel for the parents and friends of this student. Was the fraternity and/or college responsible in any way. Honestly I would have to see the area for myself. I feel that the students are more at fault than the faternaity and the college from the information I have. Our children are as responsible for their actions as we were when we made bad choices. It is a terrible tradegy that this young man paid the ultimate price for his choices. Even after being questioned they proceeded. I pray that others learn from this mistake. Children are going to party too much but they have to be responsible about it.
July 22nd, 2009 at 3:36 pm
It was a tragic accident, indeed. This young fellow had life ahead of him. In this case I would not blame the fraternity. Essentially, the student is the one to be blamed for and likely his parents (sorry to say) who apparently did not instill enough warnings needed so much in these type of situations. Too many young lives have been claimed by alcohol, so I cannot stay indifferent. These accidents may happen on any campus, so it is critical to educate freshmen students about the danger of drinking. This education should start way in high school.
July 22nd, 2009 at 4:33 pm
“Should the fraternity have done more to prevent the tragedy?”
What?
Like flashing yellow warning lights?
How about an alarm system that would trip whenever anyone approached within 25 feet?
Maybe they should have installed a safety net at the bottom of the canyon?
Would any of these deter a drunk (and I suspect belligerent) college student on a mission to find a party?
I doubt it.
Odds favor the student’s parents winning in court, due to the ‘blame-everyone-but-me’ mentality that permeates the nation.
His parents very well might have raised him to do as he pleases without suffering consequences, based on what little we know of their lawsuit.
Wonder if the gorge had a name, like “lover’s leap”?
Maybe it could be renamed in honor of the deceased.
Like “frat boy falls”?
July 24th, 2009 at 10:30 am
Tragic! We had a death due to alcohol at my alma mater last year. As a parent, I can’t comprehend the pain and hurt. However, our society is way to prone to blame someone else. Personal responsibility has been thrown out the window. “My child doesn’t drink, he must’ve been forced to”, or “Why wasn’t more done to foresee every possible incident of stupidity?”
Horrible things happen. It’s sad. Yes, safegards need to be implemented. But at some point, natural selection takes over.
August 26th, 2009 at 9:54 am
I have to point out the fallacy of “his parents should have taught him about the dangers of drinking or drunk driving” and that they somehow bear the responsibility of his drunken actions. How many of us in college stopped to ask ourselves “What have my parents taught me about this?” when our friends were handing us another beer. I agree that the student has to be held responsible for his own behavior. It’s silly to think a college or any other organization can always predict how a drunk person might harm himself/herself and then prevent it. While I agree that the parents shouldn’t be so quick to sue, I think it’s ludicrous to assume the parents just didn’t teach him better.