Legal Question in Personal Injury in California

is fraternity vicariusly liable for the intentional torts of its members

One day three fraternity members had a party, they were clealy drunk when they decided to leave. They wanted to go ''kick some butt''. They found three high school students and started insulting them and beating them. One of them had to be hospitalized with a broken arm and nose. He filed a lawsuit against the fraternity and the college for his injuries. I want to know whether the fraternity is vicariously liable for the intentional torts of its memgers.


Asked on 10/18/03, 1:13 pm

2 Answers from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: is fraternity vicariusly liable for the intentional torts of its members

Without more info, I cannot tell you, however, you should immediatley contact an attorney so protect your interests.Don Holben 800-685-6950

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Answered on 10/20/03, 5:24 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: is fraternity vicariusly liable for the intentional torts of its members

No. Unless some employee or agent of the Fraternal organization was actively negligent in contributing to the incident that occurred, it would have no liability.

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Answered on 10/20/03, 6:37 pm


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