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Five Year Old Falls Out of Daycare Center Van in Clayton County

September 28, 2015

Recently, a five year old child unbuckled his seat belt and opened the emergency door on a daycare van, sending him tumbling out of the bus, according to WSB TV. The accident occurred on Georgia Highway 138 in Clayton County. The kindergartner fell out of the bus when it rounded a turn and then landed on the asphalt. Though thankfully not injured, the child was terrified after the experience. No citations were issued after the incident, but a local news station got inside the bus involved to demonstrate just how easy it is for the emergency door to be opened by even a young child.

Daycare Accidents Occur at Higher Rates than Parents Realize

When we cannot be with our children, we expect them to receive the highest degree of love and care at the daycare facility we select. Unfortunately, sometimes daycare providers fail to adequately care for the children they are responsible for and accidents occur. Last year, a tragic accident occurred in Georgia also involving a daycare van. A local daycare that has since been closed by the state left a two year old in a locked, hot daycare van for at least two hours. Parents realized something was wrong when their child was not dropped off at the right time, and he was eventually found locked inside the sweltering vehicle. The child fortunately survived the incident, though had much more time passed the result would likely have been much different.

When it comes to young children, even a seemingly minor misstep can prove fatal. Daycare owners and employees must follow stringent safety protocols to ensure the children in their care remain safe. Several children have tragically died while at daycares due to oversights as simple as leaving pushpins in a place accessible to children. For instance, in 2011, a three year old died after swallowing a push pin while at daycare. Moreover, an 18 month old met a similar fate due to a misplaced pushpin.

Parents should inspect any potential daycare thoroughly and look for any signs of negligence. They should also assess the child/teacher ratio, with the understanding that the fewer children per teacher, the more supervision children will receive It is also important to analyze the safety measures in place. All daycares should take steps to ensure the facility is clean, free of dangerous objects and children cannot wander away from teachers. Express any concerns to the daycare staff and if the daycare cannot properly address these issues, move on to find a new one. Report any serious concerns to the state so that other children are not exposed to negligent care.

Montlick and Associates, Attorneys at Law: Skilled Representation for the Parents of Children Injured at Daycare

If your child has been injured while at daycare, the Personal Injury Lawyer at Montlick and Associates, Attorneys at Law, are here to help. Our firm has over 39 years of experience in the industry and we assist injured clients across Georgia and in the Southeast. The sooner you act, the greater your chances of obtaining a full recovery for your injuries. As such, do not delay in seeking legal assistance, as you have a limited time in which to file a personal injury claim following your accident. Call Montlick & Associates, Attorneys at Law, 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at and use our Free Case Evaluation Form or 24-hour Live Online Chat.


Category: Auto Accidents

Please Note:
All information provided by our blogs is general in nature and should not be relied upon as legal advice. Consult a Montlick attorney for details about your unique situation.