What are the Risks of Vehicles Crashing into a Day Care Center? Need for Barriers Legal Rights of Injured Children

Toy-Graphics-from-Free-Pik-copy-150x150In Orange County, Florida and other areas, day care centers are located on or just off of busy streets, highways, and roads. There have been reports across the nation of vehicles crashing into day care centers.  It would seem like a rare and odd incident but cars crashing into buildings housing schools and day care centers happens far too frequently.  Orange County, Florida is taking measures to help support and encourage day care centers to put barriers in place for the protection of the children, staff, and visitors to the day care center.

A new county ordinance has emerged in Orange County, which requires new daycares to be built with protective barriers. This ordinance follows a tragic occurrence two years ago when four-year old Lily Quintus, died after a vehicle crashed into her daycare. One vehicle hit another causing it to spin out of control and land in a daycare center. Thirteen people, including one adult, were taken to local hospitals with their conditions ranging from minor injuries to critical condition. See More Options in Place to Protect Children at Orange County Day Cares.

Now, newer daycares in the area could be mandated to have barriers in place prior to their opening. The barriers can vary from concrete balls to large, decorative pots. In addition to these barriers, some other precautions day care facilities can take are adding fences. Fences can also play a two-fold role by protecting children from unexpected vehicle accidents as well as from local wanderers. Most day care facilities have playgrounds with children running around outside. For day care facilities near main roads, these fences should be durable enough to protect the children if a car were to hit the fence. Day cares can also create their own rules to make sure children do not cross a certain line or area.

While some day care centers will qualify for grant money to add barriers around the facilities, some may need to find alternate methods of payment. For this reason, some issues have surfaced around the financial implications this may have. Also, the daycare could face additional penalties if it is not in accordance with the city’s ordinances for daycare facilities.While it would appear that this money could be better spent in other areas, the daycare may actually save money if, by chance, a repeat were to occur and another child was harmed. The insurance for the vehicle would most likely be liable. However, the daycare’s insurance could have to pay for the initial damage, and then seek to subrogate against the driver’s insurance carrier. Or if an issue arises with the vehicle’s insurance, the daycare’s insurance may not recover.

In conclusion, it would be favorable for the daycare to take all necessary precautions to ensure that barriers are in place. If it will save even one life, then it’ll be worth it.

There are a variety of ways in which a child can be harmed at a day care center.  If a child is injured as a result of the negligence of a staff member or management, then a case or claim may be pursued on behalf of the injured child. David A. Wolf is a Florida Child Injury Lawyer with over 26 years of experience in representing injury victims including children.  He is the author of 10 books that focus on personal injury and child injury including the book titled Florida Day Care Center Injuries – Legal Rights of the Injured Child – Building Blocks of Knowledge for Parents.  You can get this book for free at Florida Day Care Center Injuries.  David A. Wolf provides a Free Consultation on all personal injury matters.