Executive Summary
- The parents of UC Berkeley student George Salinas have filed a wrongful death lawsuit against Alpha Delta Phi fraternity in Alameda County Superior Court.
- The suit alleges the fraternity was negligent by exceeding capacity limits and failing to provide a lifeguard or sober monitor during a November 14 party.
- Salinas died three days after being found unresponsive next to the fraternity’s pool.
The parents of a 19-year-old University of California, Berkeley student have filed a wrongful death lawsuit against the Alpha Delta Phi fraternity, alleging that negligence and dangerous conditions contributed to their son’s drowning death following a party last month.
According to court documents reported by The Berkeley Scanner, the parents of George Salinas filed the complaint on Tuesday in Alameda County Superior Court. The legal action follows the discovery of Salinas next to the fraternity’s pool on November 14. He was transported to a local hospital where he died three days later.
The lawsuit claims that the fraternity created an unsafe environment by allowing more than 300 people to attend the event, significantly exceeding the 200-person capacity limit. Additionally, the filing alleges that the venue suffered from overcrowding, slippery surfaces, and a lack of critical safety personnel, specifically noting the absence of a lifeguard or a sober monitor during the gathering.
Reports indicate that the city had previously cited the fraternity for hosting loud and unruly gatherings. The plaintiffs argue that these factors demonstrate a failure in the duty of care owed to attendees.
Civil Litigation and Premises Liability
This wrongful death filing brings into focus the legal responsibilities of student organizations regarding premises liability and event management. In civil cases of this nature, plaintiffs must typically demonstrate that the defendants had a duty of care, breached that duty through negligence, and that this breach directly caused the injury or death. The outcome of this case could influence how universities and local municipalities regulate fraternity events, particularly regarding capacity enforcement and mandatory safety supervision around aquatic facilities. It is important to note that the claims made in the lawsuit are allegations that must be proven in civil court.
