We have all read the news stories about the tragic deaths of students in high schools and college campuses across the nation due to hazing. Statistics show that hazing is continuing to occur and many school authorizes deny any legal responsibility.
In a recent Trial Magazine article, Expert Attorney William S. Friedlander of Friedlander & Friedlander, discusses some key points to consider when fighting for justice on behalf of the injured students and hazing victims’ families.
- Hazing Definitions: Definitions vary so become familiar with all that apply such as campus, organizational, statutory, functional and insurance-exclusionary. According to StopHazing, currently 44 states had enacted anti-hazing statutes, generally criminalizing or otherwise sanctioning initiation or pledge activities posing substantial risks to life of health.
- Theories of Liability: Thinking criminal conduct? Think again. “If liability insurance is a primary source of recovery, pursuing civil claims based on criminal or even intentional conduct will not be fruitful.”
- Making the Case: “Start by assessing the victim, the nature of his or her injuries, and the conduct and circumstances from which the injuries arose.” Also assess the potential defendants’ history, school history of insurance claims along with educational records. During trial, these facts will speak for themselves.
These cases are difficult, but as Attorney Friedlander states this type of “litigation may prompt schools, fraternal organizations, students and others to prevent hazing and respond appropriately when it occurs.”
Advocate Capital, Inc. is proud to stand behind attorneys, like William Friedlander, who stand up for victims’ families and fight to bring an end to hazing.