May 12, 2022
An increase in college-related injuries and fraternity hazing practices has led to an increase in lawsuits in the last decade, as well as new legislation in several states. In many of the injury cases that involve hazing, liability is typically placed on the fraternity and its individual members, rather than the university or college where the hazing took place.
Numerous parties have made large payments to injured victims as a result of lawsuits against fraternities, including chapter members, colleges, national chapters and fraternity members responsible for the hazing.
In October 2021, Minnesota native Daniel Santulli was discovered in cardiac arrest inside his vehicle at the University of Missouri hospital. According to the Columbia Missourian, his blood alcohol levels were more than six times over the legal limit.
His parents alleged in the lawsuit they brought against the university that he has required constant care and has remained unresponsive since being forced to drink a bottle of liquor at his fraternity. This is just one example of the numerous hazing lawsuits that happen every year, and it could happen to anyone.
The criminal code is separate from the civil code. Survivors of hazing deaths could file a wrongful death civil lawsuit against the responsible party. The wrongful death lawsuit allows surviving family members to seek punitive damages when someone’s negligence leads to another person’s death.
After someone dies, financial compensation may be sought by the plaintiff. The family might need the money if they were dependent on the decedent. Lead attorney Matthew Stoddard says, “Sending your child off to college should be an exciting experience, but unfortunately, it can lead to life-threatening situations. It’s important to understand how to keep your family safe in these scenarios.”
States, such as Georgia, have introduced laws against hazing Georgia’s state law O.C.G.A.16-5-61 defines the criminal offense of hazing in the state. The law reads: “It shall be unlawful for any person to haze an individual as a condition of being accepted, elected or appointed to an office or branch of the school.”
In this law, hazing is defined as any activity that endangers or is likely to endanger the physical health of a student, regardless of whether the student consents to participate.
Although Georgia’s law, the Max Gruver Act, is an act to deter participation and put a stop to such traditions, it does not make hazing a felony. However, Texas along with 12 other states does treat hazing as a felony. So, if you’re involved with any dangerous initiation rituals in Texas, expect to face some severe consequences if injury or death occur. Just failing to report a hazing incident can lead to jail time.
Source: Digital Journal