Maison Law represents injury victims across California, even those that have been hurt in incidents at colleges and fraternities. These groups are fairly well-known for their activities, not all of which take place in a safe environment. When this leaves you or a loved one hurt, our team can help. Contact us today for a free consultation to discuss your options.
Should You Hire a Lawyer?
You don’t need a lawyer for any injury claim in California. However, the more complex your case is and the more injured you are, the more help you’ll need. So, the question then becomes, should you hire a lawyer? In cases where you or your child are injured in a fraternity incident, it can get rather complicated. Our team can step in and make the legal process much easier. Here’s how:
- Investigating the accident
- Explaining your rights and options
- Helping you gather evidence
- Guiding you through the insurance process
- Taking formal legal action, if necessary
- Making the process easier for you
Usually, situations involving gross negligence are going to leave you or a loved one facing more serious injuries. When that happens, our team will be there to make sure you have what you need to recover. An important part of the process, though, is figuring out what happened and who’s responsible.
Liability and Gross Negligence in Fraternity Accidents
When you boil it down, an accident at a fraternity–regardless of the cause–is an injury claim. This means that liability has to be established to show who will pay for your damages. And like any injury claim, liability is determined by “negligence.” In this context, negligence means:
- The duty of care the responsible party has to keep you and others safe. When they breach that duty, it causes the accident and your injuries.
With that established, it becomes clearer who’s responsible. Depending on the circumstances, this could include:
- The local branch of the fraternity
- The national fraternity organization
- The college or university
- The State of California (if it’s a state university)
- The property owner or landlord
- Individual fraternity members
Accidents and Gross Negligence
While there’s the standard definition of negligence, there’s certain instances where “gross negligence” comes into play. As the name suggests, gross negligence is a step beyond regular negligence. It usually happens when the actions that led to the accident were either intentional or reckless. Obviously, this is fairly common in a fraternity accident, which can include situations like:
- Hazing-related deaths or injuries – Some fraternities push new members too far, causing extreme stress that can lead to death. This includes making them drink too much alcohol, physically hurting them, or exposing them to harsh conditions without supervision.
- Unsafe parties – Fraternity parties can be dangerous if they’re not managed well. Things like lack of security, not enough emergency exits, or letting people drink too much can lead to accidents like falls, fights, or alcohol poisoning.
- Improper maintenance – Fraternity houses sometimes have structural problems because they’re not maintained properly. This can result in balconies, stairs, or roofs collapsing, hurting or even killing residents or guests.
- Vehicle accidents – Fraternity events often involve driving, and sometimes drivers act very irresponsibly. They might drive drunk or high, speed, or break traffic laws, leading to serious accidents.
- Fire code violations – Some fraternity houses don’t follow fire safety rules, which can lead to big fires. This includes things like blocked exits, not having smoke detectors or fire extinguishers, or storing flammable items incorrectly, putting everyone in danger.
- Sexual assaults – In some cases, fraternity members have been accused of sexual assault, and the fraternity doesn’t deal with it properly. This lets the perpetrators get away with it and makes the environment unsafe for others.
There’s a lot that can go wrong when gross negligence is involved, but the most common outcome is more severe injuries. As a victim, this means more damages, but it’s going to require legal action.
Damages in These Accidents
No matter what the circumstances are that led up to your accident, you have the legal right as an injury victim to file a claim for damages. This is going to depend on how hurt you are, but can be undertaken through an insurance claim or personal injury lawsuit.
This will allow you to recover financial support for you losses from the accident, like:
- Medical expenses
- Repair/replacement costs for damaged property
- Loss of companionship or enjoyment of life
- Pain and suffering
- Emotional distress
- Scarring/disfigurement
- Wrongful death expenses
Also, in cases of gross negligence, you can also recover “punitive damages.” These are damages that are awarded on top of these other damages, and are designed to punish the responsible party and act as a deterrent against future bad behavior.
What You Need to Do After a Fraternity Accident
Because there’s a wide variety of different types of accidents that can happen in a fraternity-type situation, it becomes very important to do what you can to protect your rights and claim. As with any accident or injury, it makes it very important to take the following steps:
- Get medical care -The first priority is always health and safety. If anyone is injured, call emergency services immediately. Even if injuries seem minor, it’s essential to get medical attention to assess the extent of injuries and prevent complications.
- Report the accident – Notify the appropriate authorities about the accident. Most of the time, this will first involve calling the police, then reporting the accident to the fraternity leadership or even the college or university. Providing accurate details about what happened is crucial for investigation and documentation purposes.
- Document the scene – If it’s safe to do so, gather evidence at the accident scene. Take photos or videos of any injuries, property damage, or hazardous conditions. Collect contact information from witnesses who can provide accounts of what happened.
- Notify the fraternity – Inform the fraternity’s leadership about the accident as soon as possible. This includes chapter presidents, advisors, or national headquarters, depending on the structure of the organization. They may need to take immediate action to address the situation and support those involved.
- Cooperate with any investigation – Be cooperative with any investigations conducted by authorities, the university, or the fraternity itself. Provide truthful accounts of what occurred and avoid withholding information or tampering with evidence.
- Review safety protocols – After the accident, review fraternity safety procedures and policies to identify any areas for improvement. Take proactive measures to prevent similar incidents from happening in the future.
Make sure your health and safety comes first. Acting quickly and doing the right things after a fraternity accident can prevent more harm and ensures that everyone affected gets the help they need. Our team can be a valuable asset for you in this situation, helping you through these steps and gathering the necessary information you need to make a claim.
Dedicated California Fraternity Accident Lawyers
Maison Law and our team of dedicated California fraternity accident lawyers can help you when you or a loved one have been injured. In situations where there’s gross negligence, it can make injuries worse than usual, and can mean life-changing damage. We’ll be there to support you. Contact us today for a free consultation.
