Should each Florida County have school crossing guards posted on school days? In various Florida counties and communities, there are school crossing guards in place during morning and afternoon hours. Placement of school crossing guard at busy intersections can help prevent tragic child pedestrian and bicycle accident. The typical crossing guards take the position very seriously and perform a very important job for children in the community. Any time, a driver sees a school crossing guard. The driver should slow down and pay close attention to the directions, instructions, and actions of the school crossing guard. Think about it – the school crossing guard is protecting the most important thing in the community – our children. Show the school crossing guard the respect and deference that the school crossing guard truly deserves.
There are a number of busy intersections that a child uses going to and from school that do not have a school crossing guard posted. Is a Florida county required to post a school crossing guard at every single intersection or busy road way? The simple answer to this question is “No”. There is no uniform State of Florida law that requires the placement of a crossing guard at any intersection let along all busy intersections. It is typically a discretionary decision on the part of the School Board or County government to post a school crossing guard unless there has been a county or city ordinance setting forth a requirement to do so. Florida governmental entities include State agencies, Cities, Towns, and Counties. The decision whether to post a school crossing guard would typically considered a discretionary type of decision. This is similar to the decision whether or not to put a traffic light at a certain intersection. The performance of the school crossing guard would be considered an operational function. Florida governmental entities can be sued for negligence involving an operational function but not a discretionary function. For instance, a government entity typically cannot be sued for the failure to post a school crossing guard but can be sued if the school crossing guard performs the job in a negligent manner.Fortunately, most school crossing guards do an excellent job at their assigned post. The challenge in most communities is a financial one. How much money is there in the budget for school crossing guards? How many school crossing guards should we post?
When a child is injured as a pedestrian or bicyclist going to or from school, many of these incidents are preventable with better and safer driving in the community. If a child was injured as a result of the negligence of a driver, the parents should consider and explore the legal rights fo the child. The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Automobile Accidents, Damages / Compensations, Medical Bills / Medical Treatment, and other topics. Get this book for free at The ABCs of Child Injury. While the book has some helpful information, it is not substitute for legal advice or legal representation. Contact the attorneys at Wood, Atter & Wolf, P.A. for a free consultation which is provided on all child injury matters. At Wood, Atter & Wolf, P.A., we are On Your Side – At Your Side.