Quote:
Originally posted by kddani
So I just did a quick scan of some cases involving hazing over the past three years (surprisingly found a couple involving orgs on my campus).
In most cases, they try to go after the national orgs under the theory of negligence. But of the 10 or so cases I scanned, none really got past the first part of the test. To prove negligence, you need to prove 5 things:
1) the person/org being sued had a duty to the person making the claim
2) that duty was breached
3) an injury occured
4) the breach was the actual cause
and 5) the breach was the proximate cause.
All the cases that I quickly skimmed held that the national org did not have a duty to the person suing. Pretty much sided with the national orgs in almost all cases, didn't see any that didn't. But I only gave a handful of cases a quick glance to see their holdings.
Given the opportunity, i'd LOVE to do more research on this and write a paper on the subject. Maybe if I ever get some free time.......
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kddani, awesome work!!! thank you to you and all the other legal GC'ers who help us understand all the legal stuff! You all rock!