Can a Fraternity be Liable for a Student Death in Pennsylvania?

That is a question that will soon be decided by a Pennsylvania judge.  A Penn State fraternity, Alpha Tau Omega, is currently being tried in Centre County for a death resulting from alcohol use.  The survivors of an 18 year old fraternity student who died after consuming alcohol at a fraternity event are currently suing Alpha Tau Omega for the student’s death.

The fraternity argues that it should not be liable for the actions of its members and that the party at which the student was drinking was not sanctioned by the fraternity.  The prosecution in this case disagrees and claims that the beer was purchased with fraternity money and members of the fraternity were checking people at the door – but not checking IDs.

It seems that this student’s death could’ve been avoided if he had not been drinking.  However, whether the fraternity will be criminally or civilly liable for his wrongful death remains to be seen.

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