The Litigation Landscape of Fraternity and Sorority Hazing: Defenses, Evidence, and Damages

In this article, we explore the various approaches to litigation defense that may be employed—e.g., the role of the insurance industry, arbitration and its pitfalls, assumption of risk, comparative fault, contributory negligence, and consent. We also explore evidentiary matters—e.g., poems and songs, signs and symbols, social media, organizational culture, how discovery devices may be used, and the role of expert witnesses. Lastly, we explore damages—general, actual, punitive, and the difficulty of collecting them.