A student from Sacred Heart University (in CT) was killed after he was run over by a charter bus in Newport, RI. The bus was being used for a “pub crawl” of bars in Newport organized by a University of Rhode Island student as an end-of-term event. URI had no involvement, and tried (unsuccessfully) to prevent the event. It was organized by a URI graduate student as a private individual. The driver of the bus has not been charged, but three students have been for disorderly conduct for the altercation that lead to the SHU student’s death.
So, does the student that organized the trip face liability? I know that a lawsuit is almost certain, and that there is nothing that would prevent the deceased student’s family from filing one. But would the type of liability that bar owners face for drunk-diving fatalities extend to this type of situation? If not, what might be the legal basis for a suit against the organizer?
This is posted only for general legal education purposes and is not a solicitation of legal advice (to cover the legal Dopers).
I don’t see how the fact that it is a pub crawl matters in the slightest. If it had been a church bus that hit him, the facts of the accident would be the same. The driver wasn’t on the pub crawl.
(Unless there are other facts that weren’t mentioned.)
Bar owners are usually liable under specific laws covering that situation (called “Dram shop laws”) that only apply to those who have a liquor license. I can’t find the specific Rhode Island statute at the moment though for details.
I’m no lawyer, but I think a bartender’s liability stems from the fact that they’ve got a duty of care to their clientele. I don’t see how the bus driver or the pub crawl organizer could be seen as having a duty of care to some stranger in the street. Now, if it was one of the crawlers who got hit, then maybe there’d be a case.
Strip away college students. Strip away the pub crawl. What happened? A person was struck by a bus. Doesn’t matter if it was a pub crawl or a school field trip to the box factory. A bus hit a pedestrian.
Tell us about the altercation that got three from RHU charged with disorderly conduct. Was there a scuffle that led to the deceased being shoved out between parked cars and into the path of the bus?
Presuming the students from RHU were all over 21, they’re responsible for their actions, even if intoxicated. If they did shove the deceased in front of the bus, they probably will share liability with the driver, if there’s evidence that the driver may have been able to stop in time. I suspect the driver would not have had time - as I envision this transpiring, there was some shoving and the deceased was ejected from behind a parked car into the road and the driver had no hope of stopping, and would not be found liable or negligent. The driver may have a case against the students for emotional distress, lost wages, etc, especially if they’ve been so distraught as to be unable to get behind the wheel again.
If the students were underage, the bars may find themselve in a heap of hurt for serving minors. Huge heap of hurt.
The bars have a responsiblity to stop serving if a person is intoxicated, but what is that invisible line? The term I’ve seen before is “obviously” intoxicated. Does that mean they’re really happy and friendly, or slurring their words and barely able to stand?
If the deceased’s parents wish to pursue action against RHU, they’re wasting everyone’s time. The school doesn’t have the ability or legal duty to prohibit students from leaving campus and getting blotto. As such, they can’t be held responsible for the students’ actions off campus.
Oh, by the way, I’m not a lawyer, but I have worked with enough insurance agents and attorneys to have an idea of how this stuff works.
If you’re driving a bus, you’ve got a duty of care towards your passengers, fellow road users, pedestrians and so on - anyone who you should look out for and who might be affected if you are negligent.
If you’re driving a car and simultaneously combing your hair and brushing your teeth, Mr Bean-style, and you hit and injure a random person from a town far far away, whom you’ve never met, you still owe that person a duty of care.