No Liability for a Miami Catholic High School in Student's DUI Accident

February 17, 2010
By Musca Law on February 17, 2010 12:02 PM |

The Third District Court of Appeals in Miami ruled that Archbishop Carroll School is not liable for injuries to a student who was involved in an accident after drinking at a year end party.  The 17 year old's car was split in half when he crashed into a tree going eighty to a hundred miles per hour.  Even two hours after the accident, the student's blood alcohol level was still .08

Because the school was aware of the party, the student and his parents argued the school should be held liable for the accident.  School officials had intercepted invitations to the party and staged a skit called "Busting a Party" to let students know that school officials might appear at the party.  The student's parents argued that because the school knew about the party and that underage students would be drinking, they had a duty to stop the party.

The Court disagreed in reversing a lower court ruling in favor of the student and finding that mere knowledge of the party did not make the school liable.  The Court pointed out that the school never endorsed, sponsored or recognized the party.  Judge Vance Salter wrote, "The party was not school-sanctioned or club-sponsored."  He also pointed out that the school handbook contained a disclaimer in all caps stating that the school was not responsible for non-sanctioned school events.  Salter also noted that the word "busted" and the tone of the skit clearly communicated the schools disapproval of the party.

Speaking more broadly of the scope of the schools in loco parentis role ("in place of parents"), Salter wrote, "At some point, we believe that a school's obligation of reasonable supervision must come to an end and the parent or guardian's duty of supervision must resume.  That logical point, we think, should be when the student leaves the school's premises during non-school hours and is no longer involved in school related activities."

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