Is a Kentucky Fraternity Liable If Someone Dies from Binge Drinking?

According to the Centers for Disease Control and Prevention, about 178,000 people die in the United States each year due to “excessive drinking.” About one-third of those deaths are from binge drinking. And not surprisingly, many of those binge drinking deaths involve college students, who often consume alcohol to excess at social gatherings like fraternity and sorority parties.

Indiana Teenager Dies After Party at Murray State

Some states recognize a form of “social host liability” where a person or organization may be held civilly liable if they serve alcohol to an underage or visibly intoxicated person who goes on to injure themselves or another person. Kentucky courts, however, do not recognize such claims. It is possible to hold a licensed commercial seller of alcohol liable in such situations under Kentucky’s dram shop law, but this does not extend to private hosts such as college fraternities or sororities.

Recently, the Kentucky Court of Appeals addressed another case, Wardrip v. Pitt, where the parents of a college student who died due to binge drinking attempted to file a wrongful death claim against several individuals and legal entities. The victim in this case was a 19-year-old man from Indiana who traveled to Murray State University in Kentucky to visit a friend. The friend belonged to one of the Murray State fraternities, Lambda Chi.

The friend, together with one of his Lambda Chi brothers, brought the victim to a party at another Murray State fraternity, Pi Kappa. It was at the Pi Kappa party that the victim consumed alcohol to the point of excessive intoxication. The two Lambda Chi members brought the victim back to their fraternity house and laid him on a couch next to a trash can “in case he vomited,” according to court records.

Sadly, the victim never woke up. He died during the early morning hours of alcohol intoxication. The victim’s parents subsequently filed their wrongful death lawsuit, naming as defendants the two Lambda Chi brothers as well as the companies that owned the Lambda Chi and Pi Kappa fraternity houses.

To make a long story short, the trial court dismissed the claims against all defendants and the Court of Appeals affirmed. With respect to the two Lambda Chi brothers, the appellate court said they violated no legal duty of care owed to the victim, which is a necessary element of establishing negligence in a wrongful death case. As for the fraternity house owners, they had no legal responsibility for the Pi Kappa party in question. And as previously discussed, Kentucky does not recognize any form of “social host” liability if a guest consumes alcohol to excess at a private party.

Contact a Madisonville Wrongful Dram Shop Lawyer Today

While social hosts may not be responsible for the devastating effects of binge drinking and drunk driving, commercial establishments can be held responsible to the victims under Kentucky law. If you are such a victim, our Madisonville dram shop liability lawyers can advise you on your options for seeking compensation under the law. Contact Whitfield Crosby & Flynn today to schedule a free consultation. We have offices in Madisonville, Kentucky; Chattanooga, Tennessee; and Indianapolis, Indiana.

Source:

scholar.google.com/scholar_case?case=355798862125535823