re: Johnathan Taylor dismissed!!

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Please describe the legs that lawsuit would be standing on?

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Reckless Endangerment or Culpable Negligence. They knowningly brought a student onto the campus who has outstanding felony charges for domestic violence. If the University did not do exactly what they should have done in getting him admitted to the university, they would have let a gentleman being charged with a felony for domestic violence onto their campus where there is a dense population of his type of target...

It is not far fetched to understand why the University could be held accountable. They cared more about football success then the well-being of the community. If you can't see that, then the crimson shaded glasses you borrowed from Updyke need to be taken off.

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Oh ok so just minor injuries. Nothing to see here...

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remember who you're debating here. If he'd hijacked a school bus, Crisp would have defended him.

So your saying that any university that takes on an accused/convicted criminal as a student is now legally responsible for their behavior off campus?

I really hope your not an attorney.

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Careless Hiring and Retention

Under a different legal theory, someone who is injured by your employee can sue you for failing to take reasonable care in hiring your workers ("negligent hiring") or in keeping them on after learning the worker poses a potential danger ("negligent retention"). This rule applies even to what your workers do outside the scope of employment -- in fact, it is often used to hold an employer responsible for a worker's violent criminal acts while working, such as rape, murder, or robbery.

However, under this theory you are legally responsible only if you acted carelessly -- that is, if you knew or should have known that an applicant or employee was unfit for the job, yet you did nothing about it.

Here are a few situations in which employers have had to pay up:
•A pizza company hired a delivery driver without looking into his criminal past -- which included a sexual assault conviction and an arrest for stalking a women he met while delivering pizza for another company. After he raped a customer, the pizza franchise was liable to his victim for negligent hiring.
•A car rental company hired a man who later raped a coworker. Had the company verified his resume claims, it would have discovered that he was in prison for robbery during the years he claimed to be in high school and college. The company was liable to the coworker.
•A furniture company hired a delivery man without requiring him to fill out an application or performing a background check. The employee assaulted a female customer in her home with a knife. The company was liable to the customer for negligent hiring

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Are people REALLY debating whether the University of Alabama could be held legally liable for what this dumb arse did? I hope people aren't actually debating this. The answer is no and it is nothing like these negligent hiring cases you used as an example.

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My point was never that Saban and Battle are responsible for this act. But they should be criticized as they made the decision to bring him on despite warning signs (hell, even LSU passed on him, that should tell you something).

The question that I raised (which apparently was misunderstood by your Alabama brethren coachcrisp) was that the Northwestern Univ. suit alleges that these athletes should be treated as employees. If that ever happens, the university opens itself up to civil liability depending on the circumstances.

For example, a university can be liable if a student is assaulted or raped in a dormitory if they don't have adequate security or are negligent in providing a safe place for students to live.

An employer is liable when they give someone a company car and the person goes out, gets drunk, and hits someone in it.

Hypothetically, if Taylor was an employee of Alabama (again, hypothetically and according to what the NW lawsuit alleged), he would be a state employee, brought in by the decision of the state's two most powerful public figures, despite obvious risks, and housed in an off campus apartment paid for by the state.

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Are people REALLY debating whether the University of Alabama could be held legally liable for what this dumb arse did?

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you jumped in mid conversation. I would absolutely file a lawsuit against the University if I were the girls father. Through the lawsuit, I would ensure that every step of his student application and the process it went through, were investigated. The lawsuit would stipulate that the University knowingly brought a threat to the community in order to enhance the performance of their athletic team. This would get settled for high 6 or low 7 figures by the school....easily. School settles and everything goes away.

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You wouldn't even get to discovery because the judge would throw it out on a motion to dismiss for failure to state a cause of action

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quote: You wouldn't even get to discovery because the ALABAMA GRADUATE judge would throw it out on a motion to dismiss for failure to state a cause of action

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So Dawg you should not be laughing.

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if Taylor was an employee of Alabama

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He's not and neither is any other student-athlete

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Even if he was it wouldn't matter in this case. Employers aren't held responsible for what their employees do in this kind of situation. Wal-Mart could hire a convicted murderer and if that person went and murdered a person at home on their own time, you think the victim could hold Wal-Mart accountable for hiring him? Of course not.

The cases of the pizza driver hurting a customer, someone harming a co-worker, etc are different because the person was acting within the scope of their employment or otherwise acting within a situation that they were in as a direct result of their employment. If Taylor beat up a teammate at practice or went after a fan during the game, then these internet sleuths might be on to something.

These lawsuits are happening from FSU to Oregon. Women that have been raped are suing the universities for bringing these students into the community.

Look up the lawsuit in Oregon. The former player from Providence had been accused of rape at that college. Charges were dropped. He then was involved in raping her at an apartment. She is suing the school saying they knew he was a danger to the community.

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A woman who alleges she was gang-raped by three University of Oregon men's basketball players in March has filed a Title IX lawsuit against the university and head men's basketball coach Dana Altman.

The civil suit was filed Thursday in U.S. District Court in Eugene, Oregon.

According to the suit, the woman, a university student, alleges that three Oregon men's basketball players cornered her in a bathroom in March and gang-raped her multiple times. Prosecutors did not file charges against the men, citing insufficient evidence.

The lawsuit says that Altman knew one of his players, Brandon Austin, had a history of prior sexual misconduct allegations at another school but that Altman recruited him to play for the Ducks anyway. Austin and two of his Ducks' teammates were dismissed from the team in May. The teammates are not mentioned by name in the lawsuit.

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"This is a very important case that needs to be litigated," said John Clune, an attorney for the woman. "It is time for athletic departments to stop trading the safety of women on campus for points on a scoreboard. The University of Oregon community deserves better, and we hope this case will help in that effort."

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