The Greek system was not at fault. Pearlstone is believed to have consumed most of his alcohol from a flask he had packed in tow. But it is worth exploring what might have happened if the party's hosts had served the underage student, because it happens all the time.So let's be careful out there. The lawyers have you in their sights.
In New York, we have the Dram Shop Acts. Section 11-100 of the General Obligation Laws give "any person who shall be injured in person, property, means of support or otherwise" by reason of the intoxication of a person under the age of 21 the right to recover damages. Generally speaking, these acts impose liability on the person providing the alcohol to any person who is hurt as a result of someone else's drinking.
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Or, more directly, if a fraternity bartender served an underage party-goer who then died of alcohol poisoning, the victim's parents would have a cause of action against the fraternity.
Additionally, the law provides for the recovery of damages from anyone who assisted in the procurement of alcohol for a person if the server had "reasonable cause to believe that such person was under the age of 21 years." That is, if the bartender knew that an undergraduate were a sophomore - even if that sophomore never disclosed his age - the bartender could be held accountable for the sophomore's actions. Class standing could easily be considered "reasonable cause" to believe a person is underage because the majority of sophomores are under 21.
Last Call, First Responsibility - Opinion
