Drinking death raises liability concerns

By Caitlin Nish

Daily Staff Reporter

Drinking can have consequences reaching far beyond a fun night, including illness and even death.

The death of Engineering sophomore Byung Soo Kim last week has raised concerns about the repercussions of binge drinking with friends.

Kim consumed 20 shots of Scotch whisky in celebration of his 21st birthday at a friend's apartment near North Campus. Although residents of the apartment have not been charged with negligence or wrongdoing, the potential of such charges has been weighing on the minds of University students, including questions about safety in consuming alcohol and the responsibility to help friends drink safely.

Washtenaw County Chief Assistant Prosecutor Joe Burke said it is difficult for students to be charged under the law for failing to stop a student of legal age who is drinking excessively.

"The Michigan statutes make it illegal, by use of gross negligence or by failure to act when you have a legal duty to perform, to cause the death of someone else," Burke said.

Burke said that while students may have a moral responsibility to stop a friend of legal age from consuming too much alcohol, the law does not stipulate legal responsibility. Michigan statutes are usually invoked in drunk driving cases. "Generally where you see it is in driving cases where someone is involved in reckless behavior while driving and they kill someone," Burke said.

Keith Elkin, director of the Office of Student Conflict Resolution, said the statutes under the Code of Student Conduct mirror Michigan laws.

"There's no Code obligation to come to the rescue of your fellow student," Elkin said. "The Code focuses on actions of students and not the inactions of students."

He added that problems arise in charging students under either state law or under the Code because there is no way to prove a student knew a friend was in trouble. "How can you really show that you knew someone was in danger?" he asked.

Ann Arbor Police Department Sgt. Michael Logghe said students could be charged in alcohol related incidents with friends if they serve alcohol to minors.

"Under the Host Law, if you're hosting a party where minors are drinking alcohol, you are subject to a misdemeanor alcohol violation," Logghe said.

A misdemeanor alcohol violation is a criminal offense.

In addition, employees who work in bars, restaurants or party stores may cause their establishment to be held liable under the Liquor Control Code if they serve visibly intoxicated patrons.

"Visibly intoxicated refers to people with slurred speech, unsteady gait and excessive gesturing," said Mark Smith, director of Enforcement for the Michigan Liquor Control Commission.

He added that this code refers only to establishments with liquor licenses.

"If you're doing it personally at home, that's not to say that someone would not hold you accountable and sue you," Smith said.

Burke said it is possible that students who serve visibly intoxicated patrons could be held responsible for the actions of someone they overserved, leaving them vulnerable to civil liability.

"A lot of students come to school to prepare for their futures and while here they partake in parties and drinking," Logghe said. "They end up having something that is going to follow them around for the rest of their lives."