Jones Jason v. Kappa Alpha (KA) Issue Can Jason recover for negligence from Kappa Alpha? Rule Negligence is a duty owed to a plaintiff, that was beached by the defendant that caused injury to the plaintiff and the injury was from the breach of the duty. assumption of risk - is the plaintiffs voluntary consent to a known danger. foreseeability: reasonably anticipate that damage or injury will probably ensue from acts or omissions. Application Jason argues that KA owed him duty, because it was reasonable for KA to know that continued hazing at 2:00am, pushing and kicking, paddling his buttocks and so forth will create an environment will Jason can sustain injury. KA breached this duty by contusing the hazing for a long period over a year, without respite. Jason hazing did not allow him to properly complete his assignments causing him to be suspended from Auburn University. The suspensions hurts him emotional and financially for the future, plus all the injuries from the hazing. KA was hazing Jason, which was a direct result of his injury. KA argues that Jason was the one responsible for self duty, he continued through while assuming risks the even though 20-40 percent of the pledge class had withdrawn, and it was his responsibility to care for himself. Even if KA owed a duty to Jason, he was the one responsible for getting kicked out of school and continued the KA hazing process. KA does not agree that Jason was really injured, because if he was he would have quit the KA fraternity. KA was not responsible for any duty breach that caused injury to Jason. Jason argues that even though he tolerated the pain to join KA, hazing is still considered a violation of state law. Conclusion Yes Jason may recover partially for negligence, because KA knew that Jason could get injured, they breach this duty by continuing to haze him and his injury was a direct result of the breach. On a second note it is hazing is illegal and part of the decision to charge KA is from the law. Jason is also responsible for his own actions, because he had a duty to take care of himself, and he failed by continuing the KA hazing process for one year. Jason may seek compensatory adamages for medical injuries and lost school fees. Jason may not seek punitive damages in a negligence case.