As a parent, no pain cuts deeper than losing a child. When your child's death was caused by an alcohol- or drug-related accident, it can make the loss all the more painful. If that accident was somehow related to their school, college, or university, and their educational institution didn't take action to prevent it from happening, you may be able to seek justice and compensation with a lawsuit.
Can You Sue a School for Your Child's Alcohol or Drug-Related Death?
If your child died on a school campus or at a school-related event due to alcohol poisoning or drug overdose, you might be able to file a wrongful death lawsuit against the school. This type of lawsuit would hold the school responsible for your child's death, arguing that it happened because the school was negligent.
Typically, wrongful death lawsuits take place between individuals, but you can file one against an entity, such as a college or university, as well. As a parent, you have the option to bring a wrongful death lawsuit against your child's school if you believe the school's actions or lack of intervention led to your child's death by alcohol poisoning or drug overdose.
To file a wrongful death claim, the case must contain the following four elements:
- The student's death was caused by the defendant (the defendant, in this case, is the school).
- The school was negligent.
- The student who died from alcohol poisoning or drug overdose has a surviving applicable family member who can file for damages on the student's behalf.
- The student's death has resulted in monetary damages.
The criteria for filing a wrongful death lawsuit for drug- and alcohol-related accidents may be slightly different in your state. It's important to have an attorney with experience handling litigation against schools nationwide working on your case, as they'll know what's needed to legally file a lawsuit in your jurisdiction.
When You Should File a Wrongful Death Suit Against a School
Schools are responsible for protecting students in their care. Colleges and universities have a duty to provide students with a safe campus environment. When that safety is neglected, and it leads to fatal alcohol poisoning or drug overdose, the school may be liable. As a parent who has lost their child in a school-related accident, you may have a credible lawsuit should you wish to file one.
Alcohol-Related Student Deaths
Death resulting from an alcohol overdose or alcohol poisoning is more likely to happen on college and university campuses than at K-12 schools. At many institutions of higher education, binge drinking is a common part of social life, but it can lead to fatal consequences. Reports of student deaths due to alcohol overdose—usually in connection with hazing activities by fraternities and sororities—are unfortunately common occurrences on college campuses.
- A 21-year-old student at Bowling Green State University died of alcohol poisoning resulting from a fraternity hazing event, and his parents sued the university.
- A teenage student at Lyon College in California died of alcohol poisoning and was found dead in his dorm room following an off-campus party with fellow members of the baseball team. His parents sued the university for wrongful death.
- Virginia Commonwealth University agreed to pay $995,000 to the family of a 21-year-old student who died from alcohol poisoning following a fraternity party. His death was attributed to hazing.
Drug-Related Student Deaths
Student deaths due to drug overdose are, unfortunately, not as exclusive to colleges and universities as alcohol-related deaths. Many parents have sued schools or school districts after their children died in a drug-related accident.
- A 15-year-old student at a California high school died in her high school bathroom of a fentanyl overdose, and her mother filed a lawsuit against the Los Angeles Unified School District.
- A 19-year-old student at Stanford University died of an accidental overdose of fentanyl, and his parents brought a wrongful death suit against the university.
As all of these examples demonstrate, parents do have recourse when their children die in alcohol- or drug-related incidents at school or on campus. Most of the lawsuits are for wrongful death and allege that the schools failed to provide a safe environment by preventing hazing or the spread of drugs.
When a fatal accident occurs and claims your child's life, know that you can take action. With the help of a student attorney who's knowledgeable about litigation against schools, you can have a chance to seek justice and gain some monetary damages to help slightly ease your grief.
Do You Have Options Other Than a Lawsuit?
Suing a school should be your last resort when seeking justice after your child's accidental death. Most schools or school districts have robust legal teams employed precisely to fight lawsuits and to protect the school's interests and reputation. Dealing with a team of lawyers who are well-versed in education law and litigation isn't something you should try to do by yourself, even if you have legal training.
You should also consider other options first before filing a lawsuit. If you consult with an attorney who has represented parents and students in lawsuits against schools before, you can learn what those options are and which ones are best for you. Going through these steps before filing a lawsuit also demonstrates good faith on your part.
Typically, the options available to you before filing a lawsuit include:
- Contacting a student legal advisor. Before taking any action, you should seek the help of an attorney who knows education law. Find someone who has dealt with educational institutions before and will be able to anticipate the school's response to your requests. They'll also have the experience needed to negotiate with the school on your behalf. This attorney will be able to advise you on what to do in your situation and let you know if the evidence provides a legitimate basis for a lawsuit.
- Submit a complaint. Your school will probably have a formal grievance process that allows you to submit a complaint. When you go through a formal channel, the school's administration may be more willing to listen to you and take your request seriously. They may even be open to negotiations to help resolve the issue so that no lawsuit is necessary.
- Submit an appeal. If your formal complaint does not result in the solution you want, or the school doesn't take it seriously, you can usually appeal it. An appeal will allow for another school administrator or board of officials to review your request and either take a different action or uphold the first decision.
If you have contacted a legal advisor who spoke to the school informally for you, submitted a formal complaint, submitted an appeal, and you still don't have a resolution, then your next option is usually filing a lawsuit.
Preparing for a Wrongful Death Lawsuit for Alcohol or Drug-Related Death
As filing a lawsuit against a school is a complex matter, you will want to prepare as much as you can in advance. The two most important things to do before taking legal action against your school are:
- Collect evidence.
- Contact an education attorney.
Collect Evidence
You will need a legitimate basis for a wrongful death lawsuit before filing, so you should gather as much evidence as you can. This evidence could include correspondence with the school, notes from the student's teachers or professors, communication with other students, social media posts, academic records, behavior or disciplinary records, and documents related to extracurricular activities.
Contact an Education Attorney
Before you take any steps with your school, even submitting a formal complaint, you should consult with an education attorney. Find someone who has experience litigating against schools and protecting students' rights. They will know how best to advise you in your situation. Joseph D. Lento has worked on many cases involving students, schools, and education issues nationwide and has the knowledge to guide you and your family through this process.
Filing a Lawsuit Against a School: Step-by-Step Process
If you are interested in filing a wrongful death lawsuit against a school for an alcohol- or drug-related fatal accident, you should speak with an attorney. The process is different in each state, and a lawyer will know the specific process you need to follow.
In general, you can expect the process to happen as follows:
- Find an Experienced Wrongful Death Attorney Dealing with an educational institution's legal team on your own is not a good idea. You'll want someone who can take on a school's whole team of lawyers and hold the administration to account. Find an attorney that has litigated against schools before to help you with your case. Your lawyer will become your champion and advocate throughout the entire lawsuit; you want someone who knows what they're doing.
- Find a Compelling Cause of Action You can't file a lawsuit without a compelling cause of action. In a wrongful death suit, the basis must be that the student died as a result of negligence by the school. Knowing if you have a legitimate basis or not can be tricky if you don't have legal training, so your education attorney can help you with this step. For your lawsuit to proceed, you will need to be completely open and honest with your lawyer.
- Submit an Administrative Complaint As mentioned above, going through a school's formal grievance process can show that you're serious about this issue. Even if it doesn't lead to a resolution, it shows that you've exhausted all of your non-legal options before resorting to a lawsuit.
- File a Lawsuit Once you have a knowledgeable attorney, a compelling cause of action, and a formal complaint submitted, your next step will most likely be filing the lawsuit. Actually filing the paperwork may require going to your county clerk's office and getting the proper forms. If you're working with an education attorney, however, they'll be able to handle the legal filing for you.
After the paperwork for the lawsuit gets filed, you can look to your attorney as your guide through the process. They should let you know which steps come next and which actions to take as you go along. Your lawyer can also let you know how to prepare for negotiations and court appearances, as well as answer all of your questions.
Can the School Challenge the Lawsuit?
Suing a school is more difficult than suing a private person because a school may be protected from your lawsuit. Government institutions, including public schools, have sovereign immunity. This principle prevents them from being sued.
It won't put a complete stop to your lawsuit, however, for a few reasons:
- Sovereign immunity is typically more enforced at federal levels of government and less so in local jurisdictions or states, which oversee public schools and universities.
- There can be exceptions to sovereign immunity in the case of gross negligence. Wrongful death from an alcohol- or drug-related accident would most likely apply for this exception.
Your attorney may be able to find a workaround to the sovereign immunity principle, so you shouldn't just give up on the idea of filing a lawsuit. Having to deal with sovereign immunity is also a good reason to hire an experienced attorney to help you.
An Education Attorney Can Help
No amount of money can make up for the loss of your child, but filing a successful lawsuit can help you seek justice. It can hold the school to account for its negligence and prevent the same thing from happening to someone else's child. With the assistance of a competent education litigation attorney, you have a better chance of reaching a more favorable outcome with your lawsuit.
Attorney Joseph D. Lento understands that you're going through an extremely difficult time and wants to help. He's offered legal guidance to students and families nationwide, including filing lawsuits against schools. Contact the Lento Law Firm Student Defense Team by calling 888-535-3686 and schedule a consultation.
