Do I have a case

T

tkl0013

New Member
Jurisdiction
Alabama
Hello. My daughter is a freshman at Troy University in Troy, Al. She lives on campus and I thought this would keep her safe...Back on February 27, my daughter was jumped by three other young ladies while in one of the college dorms of a friend. The girls were not students of Troy, two of whom they said were not students anywhere. These girls basically came to Troy at the call of another young lady that is a student of Troy, but had an issue with another girl that my daughter associates with. The girls came to a fraternity's probation where my daughter and her friends were and basically threatened another young lady then. Campus police was notified of this by the fraternity and the young ladies. The students were told by police that these girls would be escorted off campus. Two hours later, they are still there AND able to hurt my child. Ironically, my daughter had no issue with anyone, but was the only young lady that was jumped. During the hearing, evidence to support what the campus police called a RICO charge came out, but it seems nothing was ever done, although the two officers that worked on this incidence said there would be. The young lady that started all of this mess could have been suspended from Troy's campus, but instead they chose to give her counseling and community service. There are other details that the police have and that we can sit down and discuss. But can anyone tell me if I have a case?
 
YOU don't have a case.
This is your daughter's case, if there is one.
If she was injured she would certainly have a case for monetary damages against the girls that attacked her.
If she's 19 (the age of majority in Alabama) she can pursue it on her own with the help of a personal injury attorney.
If she's a minor, you will have to assist her but it's still her case.
You cannot compel the authorities to prosecute and I don't see where the school isn't responsible for the attack on your daughter.
 
I don't know what say. I don't know how to respond. I can only reveal what my father would always say, "You rarely get into trouble in your home. When you leave your home, trouble will try to recruit you."
 
You don't see where the school isn't responsible?

adjusterjack said:
YOU don't have a case.
This is your daughter's case, if there is one.
If she was injured she would certainly have a case for monetary damages against the girls that attacked her.
If she's 19 (the age of majority in Alabama) she can pursue it on her own with the help of a personal injury attorney.
If she's a minor, you will have to assist her but it's still her case.
You cannot compel the authorities to prosecute and I don't see where the school isn't responsible for the attack on your daughter.
Click to expand...
 
So daughter was at a frat party and got into some kind of altercation with a fellow student and two of her friends who were there as guests. These guests had previously had an argument with someone else and been asked to leave. Sounds like a typical weekend night. I've worked in higher ed and live in a college town, so nothing is terribly unusual about this. If she has actual medical bills, she can sue those who actually injured her but there is no case against the school.
 
ElleMD said:
So daughter was at a frat party and got into some kind of altercation with a fellow student and two of her friends who were there as guests. These guests had previously had an argument with someone else and been asked to leave. Sounds like a typical weekend night. I've worked in higher ed and live in a college town, so nothing is terribly unusual about this. If she has actual medical bills, she can sue those who actually injured her but there is no case against the school.
Click to expand...


No they were not students of Troy and they were never asked to leave and no this was not off campus and no the young ladies claim that noone had an issue with my daughter. She was just the only one they could "catch". The campus police knew about the prior incident and had an opportunity to resolve things and keep my child safe...
 
tkl0013 said:
Hello. My daughter is a freshman at Troy University in Troy, Al. She lives on campus and I thought this would keep her safe...Back on February 27, my daughter was jumped by three other young ladies while in one of the college dorms of a friend. The girls were not students of Troy, two of whom they said were not students anywhere. These girls basically came to Troy at the call of another young lady that is a student of Troy, but had an issue with another girl that my daughter associates with. The girls came to a fraternity's probation where my daughter and her friends were and basically threatened another young lady then. Campus police was notified of this by the fraternity and the young ladies. The students were told by police that these girls would be escorted off campus. Two hours later, they are still there AND able to hurt my child. Ironically, my daughter had no issue with anyone, but was the only young lady that was jumped. During the hearing, evidence to support what the campus police called a RICO charge came out, but it seems nothing was ever done, although the two officers that worked on this incidence said there would be. The young lady that started all of this mess could have been suspended from Troy's campus, but instead they chose to give her counseling and community service. There are other details that the police have and that we can sit down and discuss. But can anyone tell me if I have a case?
Click to expand...
And do lawyers actually answer these threads?
 
On campus or not (and most fraternity houses are on campus property), the school is not responsible for anyone who is a guest on campus. If this was someone the school or their representative had invited (lecturer, etc.) they *might* have some liability for that person's conduct but they are not responsible for the conduct of every student's guest. Heck, they aren't even liable for conduct by their actual students 99% of the time. I'm not sure why you think the friend of these guests should be kicked out of school for the conduct of these friends but that would be highly atypical. Fights at fraternity events (and sporting events, parties, etc.) happen. It is extremely rare to hold any party other than the actual perpetrator responsible. That goes beyond just campuses. In this country it is very rare for an adult to be responsible for the actions of another.

Did your daughter have significant injuries?

You mention a hearing of some kind. It is not clear if this was one held by the school? Perhaps based on violations of a student conduct policy or something similar?
 
tkl0013 said:
No this wasn't at a frat house. This was on campus. This was the school's responsibility to ensure they knew who there guests were.
Click to expand...

No it's not. Have you ever been to college? There's not a sign in or sign out sheet of who visits. ANYONE can visit. Potential students, family, friends, whoever. The school has no control over who comes onto their campus unless someone is banned from campus.
 

Share this page

Get a free case review from a lawyer
Back
Top