Tragedy struck the peacefulness of the KinderCare located in Winter Park, Florida. It was reported by Fox 11 News and other media outlets that a car crashed into the day care center located in the Orlando area. One child died and 14 others suffered personal injuries. Most of the injury victims were children. Many of which were treated at Arnold Palmer Children’s Hospital. It was reported that a Dodge Durrango crashed into a Toyota Solara which, in turn, crashed into the day care center. It was further reported that the Dodge Durrango fled the scene but was later located by law enforcement officials. The Mayor of Orange County stated that the crash was “absolute tragedy and disaster.” Certainly, the Mayor was right on point as to the horrendous nature of this crash and the loss and resulting stress for the families and the community.
The Child Injury Lawyer Blog has posted a number of prior articles about cars crashing into day care centers. Unfortunately, these incidents happen far too often. Safer and slower driving in many instances can help avoid these incidents or reduce the severity o the damages and injuries caused by these incident.
From the basic facts presented, it does not appear that the day care center is liable for the injuries caused by the accident. Florida law does not make a day care center or a school an absolute insurer or guarantor of the safety of a child. A day care center or school is responsible for providing a reasonably safe environment and to protect children from foreseeable incidents and dangers.
There may be liability on the part of an at fault driver for incidents like the one reported in Winter Park. In the State of Florida, a driver has the duty to operate his or her motor vehicle in a reasonably safe manner and to obey all traffic rules and regulations. Speed limits should be followed. Furthermore, the speed of a vehicle should be below the speed limit if there is heavy traffic, construction, or other practical reasons to slow down.
You can read more about the tragic crash into the day care center at Children Injured When Vehicle Crashes into Florida Day Care Center.
When a child suffers an injury as a result of the negligence of a person, business entity, or government, a child and his or her family can pursue a claim or case for the resulting damages and harm to the child. Each case should be evaluated on its own merits. When reviewing a case, a Florida Child Injury Lawyer will review both the legal and practical aspects of the claim or the case. In the State of Florida, personal injury cases on behalf of a minor child are handled differently than those for an adult. As such, it is important to hire a Florida Personal Injury Lawyer who is experienced with these case and who will act in the best interest of the child. The book – When the Wheels Stop Turning – Legal Rights of the Injured Child – What Parents Need to Know After the Accident – has chapters on Automobile Accidents, Bicycle Accidents, Pedestrian Accidents, Wrongful Death, Medical Bills and Insurance, and other topics. You can get this book for free at When the Wheels Stop Spinning.
Another resouce for parents and other seeking information following a serious automobile accident is the book – When a Parent’s World Goes From Full to Empty – The Wrongful Death of a Child – What You Need to Know About The Florida Wrongful Death Act. You can get this book for free at When a Parent’s World Goes From Full to Empty.