It seems the consensus in the above very active comments section agrees with the court in terms of the legality. So the University was not legally negligent.

Cases like this nonetheless make me think about how dangerous a time this is in a young person’s life. The experience of new freedoms and the influence of all the other students who are trying this and that. Even if it is not anybody’s required responsibility, both parents and schools should consider this carefully and ask themselves what programs and what kind of education can they offer to help students with this transition to adult freedoms and dangers? I would suggest it become a part of University orientation to look squarely in the face of what students are trying and doing and to warn the students to approach these situations carefully.

For instance, at least every student coming in to the University in the next decade should hear this particular story and let that be a part of their education.

So the college now has to put a staff member in the room of each student to provide “supervision” 24/7? Think about what you are saying. Do parents sleep in the same room with their young adult kids? Here’s a solution: If you aren’t ready to be personally responsible for your actions, don’t go to college. Stay at home with your parents so your siblings can sue them when you kill yourself.

So by the way, note the following correction: ……college degree USED to mean…..not college degree use to mean …… and there are other issues…..

Society says we can do whatever we want and there are no consequences. But this situation says that is not so. Until we learn as a society that we have the responsibility for our own actions this sort of tragedy will be all too common place. I do not have children, if fact I am only 26 and graduated with my masters in higher education last May. But as a child I grew up working and farming. I have been working all my life and that is the only reason I am where I am today. A society of hand outs and free passes only creates spoiled children no matter what their age. Responsibility almost always leads to maturity.

To all of those in this thread who see the fallacy and recognize the truth… I salute you!

Unfortunately for the univeristy, now that this lawsuit has happened they are probably now in the midst of damage control. I agree with what has already been said, the university is not at fault. They posted rules, i’m sure they had dorm meetings, freshman orientation and all campus’ now have prevention programs for alcohol, sexual issues and other things that can happen when so many diverse populations convene on one campus. So, as far as the university goes – it’s job is done. Now parents just need to raise their kids and quit relying on others (i.e.: church, public school, juvenile detentions) to raise THEIR children.

Growing up in a house where my parents and grandparents held to european traditions wine, beer, and spirits were always consumed at meals. We we taught that moderation is okay. My brothers and sisters and I always had a small glass of wine or beer at dinner on Sundays. I have passed tis on to my own children in hopes they will learn this lesson. I have two daughters in college and am not deluded to think that they do not drink to excess. I can only hope they are exercising good judgement when they do drink. That is all we can hope for as parents.

My last thought is, what evidence suggests the student wanted to go back inside? Sounds to me like he enjoyed his last cigarette and plunged to his death on purpose. Was there any evidence to prove otherwise?

Based on the limited information in the article (I haven’t read the court decision), it appears that the institution took reasonable steps to mitigate harm from the ledge. But that doesn’t necessarily mean the school took all of the right steps. Who says that 16″ is the right height to preclude someone from climbing out of a window? I don’t know, but I do that sometimes, reasonable just isn’t good enough.

sjh

Nothing will change natural selection however. If you are not smart enough to teach your kid right from wrong, nature will takes care of it for you. I feel badly for any parent that looses a child, but it won’t make it any better to get a few million in damages from an already stressed educational institution. But that is where the beginning of the end comes, when a society has to spend more resources on the non-contributors than on the potential contributors. And a lawsuit will not prevent this from happening again.

John McIntyre

Sometimes it is an individual that makes bad decisions. If this student was underage, he already broke state and federal laws by consuming alcohol, regardless of who served him (as he may have had a fake I.D. like so many underage folks). He made this decision that ultimately allowed him to think it was o.k. to go out on the building ledge to smoke. I am sure that this is not the first time he did it either. Unfortunately, the combination of alcohol and common sense led to his death.

It is ridiculous to blame anyone else. Who else can we blame? It is ubsurd to think that anyone else could be held responsible for this boy’s death but him. Are we going to blame the tobacco industry for selling cigarettes (because this kid really wanted to smoke)? Are we going to blame the company that designed the screen (even though it was screwed in to prevent folks from going out the window)? Are we going to blame the architect for desiging a building with a ledge? Come on. Let’s be real, this kid lost his common sense before he lost his life.

No where in the world is there someone standing outside of any building above 2 stories reminding people to not go out on the ledge to smoke as it could result in their death. The reason why? It’s a given.

It is time that the youth (particularly in the U.S.) are held responsible for their poor decisions! There is way too much privilege given to young people these days and the audacity of this kid to think that it was o.k. to go out on the ledge (thinking he is invinceble) rather than just walking downstairs and going outside to smoke. No one else is to blame, the parents need to take responsibility for the bad decision making their child had and stop trying to blame others.

You do not need to warn me about walking right out on the highway, it’s common sense!

Again, I have worked with students for a very long time and some just make bad decisions, it’s o.k. most of the time, they learn from their mistakes, sometimes, unfortunately it ends tragic.

My condolenscenses go out to the family and it is a horribly outcome, but an outcome that resulted from the bad decision of this kid!

Who says that the parents didn’t instill good sense and values in this young man? Was this his first time to drink? Did he have a problem with substances? Whether or not the parents of this student taught him about the problems of alcohol is really not the question. Everyone can pretty much agree that once the child/young adult has left home we were given the tools to use from our parents while growing up; we all have experienced a different world from what we were brought up in once we left home. I for one am surprised that my life did not end as early as this young man’s because I know I did some really stupid things when I left home. I have witnessed first-hand parents who allow their underaged children to drink while in their presence. These children have the opinion that they are invicible and nothing bad will ever happen to them because their parents are allowing this action; these kids are good students and have good family values, but both the parent and children use bad judgement when it comes to drinking alcohol. I don’t understand how these parents can use this bad judgement when everything else they do is so great for the schools and the community.

My sympathies go out to the parents, family and friends of this student for their very tragic and life altering loss and I give them the benefit of the doubt that they did what they could as their son was growing up and teaching him about the do’s and don’t's of life. But this does not constitute a lawsuit against an entity which the student chose and by signing his admission and housing applications he chose to abide by the rules of the school and housing.

If there is blame, it should be on the person/people who supplied the alcohol to an underaged young adult and on the young adult who chose to drink the alcohol. There are no words to describe the pain one feels when the blame lies with those we love the most and lose too soon.

Of course it is ridiculous to think the University should be held responsible for the students misconduct. Personally I would not stay, or want my child to stay in a room where the window could not be opened to let fresh air in. It is very unfortunate that one or a few nonsensical incidents can cause everyone to lose their personal freedoms/rights.

If the University were deliberately trying to hide a dangerous situation or encouraging one, that would be different, but this is a situation of a student not using common sense and the rest of the community should not be penalized for it. Everyone should take responsibility for themselves in these situations – our society is much to sue happy, and the result is we all lose.

It’s troubling to see stuff like this happening on college campuses and in many other places. I think it was the student’s fault for making poor choices. His parents may also be indirectly to blame, although I don’t think I could fairly judge without knowing every detail of the kid’s upbringing. However, if it is like a lot of cases, the parents protected the son from every little thing while he was growing up, never allowing him to stumble and have to get up on his own. I would personally rather let my kid fall off his bike, get bumps and bruises, get his heart broken and have to get back up on his own and realize why those things happened, when he is young and not so much is at stake, than send him off to college in such a childish state of mind and have him lose his life. A kid who knows from early childhood that his actions have consequences will think a little more about his actions, but it seems many parents can’t stand to see their children get hurt in any way, even if allowing those (literal and figurative) bumps and scratches will make their children stronger and more resilient in the long run.

No kid is perfect and even the responsible ones make mistakes sometimes, but the University cannot be blamed for every misstep of every student on its campus. Suppose the University DID police the dorms constantly for signs of underage drinking and removed window screens. Might those same parents be suing for invasion of privacy when their son calls to tell them that his room is searched every day by campus police?

All this being said, I do feel very sorry for the parents who lost their son. No matter how stupid their lawsuit was or what mistakes they may have made as parents, they are in pain from their loss and I am sympathetic. I hope they can put this behind them, grieve naturally and recover.

sigh.

Additionally,

To Dave’s point, I think most universities have student counseling and awareness programs in place and for some individuals, they are very helpful. But someone who drinks himself to .16 blood alcohol level and who risks his life to have a smoke on a 7th story ledge is likely not a person who would heed the warnings of the counselors or the RAs.

And Don – glad we restored a little of your faith in humanity!

I hope the parents can find some peace, along with the university personnel who had to respond to the incident, the parents, the lawsuit, the media, etc. It is a tragedy for everyone concerned.

The problem is when the environment changes around you (in this case, drunk) and you don’t have the ability to see that something’s different (I can’t stand up), nor the ability to process what that may mean (I may fall 7 stories.) Alcohol gives a feeling of invincibility, and “I’ve been out on the ledge before”–it’s an easy leap to “I can do it again.” That’s impaired judgement, and an all too sad side effect of beer.

No, not the school’s fault, but shame on them if they don’t look into alcohol awareness programs, or student counseling, RA/RD awareness training… They may not have a responsibility in the accident, but they DO have a [moral] responsibility moving forward.

My two cents.