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The Jensens and their attorney, Mark Johnson, acknowledge that Brett Jensen made the decision to drink. But they contend that his fraternity constantly made alcohol available and encouraged members to partake -- and did nothing to make sure they stayed safe when their judgment was impaired.
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Not saying this was right at all...it wasnt...but to use this as a base of logic would require the closing of bars, nightclubs etc. They do the same...and it could very well have been a bar and not a fraternity house that was the vehicle for this accident.
They admit he made the decision to drink...but want the fraternity held liable. Well..yes and no as I see it...legally yes, Pi Kapps should have used their heads on this and seen to the safety of the partygoers. *BUT*...the responsibility also lies in the drinker....he should have known better as well.
However, the fraternity bears the brunt of responsibility on this, as it is up to them to make sure people are *safe* and *smart*.
They failed, and will suffer the consequences of a terrible, preventable tragedy
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