Question Agency or staff liability?

U

Unregistered

Guest
I am a CPST and I work at a non-profit that often transports children 0 - 8y for various reasons, with only our staff present in the vehicle. Staff install car seats and buckle kids in, usually without a parent involved. I was told when I got certified that it covered my whole agency as far as liability, because it was assumed staff were doing installs by "best practice" even if not certified.
My question is: Is my agency or an individual or both liable if a child is injured due to gross misuse of a car seat?
I ask because some of our staff have installed these seats so terribly wrong that I think it could cause more harm than if they were just using a seatbelt! They are seriously the installs that techs take pictures of for class examples.... I am really pushing for all staff to either do some generic training so they at least know what all the straps are for or to let me just do all the installs, but my supervisor basically thinks I'm just being hysterical and says it's not a big deal (with that whole "I didn't have a car seat and I didn't die" mentality). I am trying to figure out the legal responsibility we have as an agency, the staff, as individuals, the supervisor, etc. so I can make a case to her to stop letting this happen. Any ammunition you can give me would be much appreciated!
Oh, we're in PA, 501c, we own the vehicles and seats
Thanks!!
 
ADS

Athena

Well-known member
I don't know the answer, but I wanted to say this is a great thing you're trying to do and I hope you're able to improve things there. Thank you for your efforts to keep kids safer! Best Wishes!
 

Pixelated

Moderator - CPST Instructor
I think you'd need to look at your state's laws. My province puts the legal obligation on the driver, regardless of whose seats or vehicle are being used, who buckled the kids, or who installed the seats.
 

ketchupqueen

CPST and ketchup snob
Staff member
Generally, it's both.

The driver will be personally liable, and the employer will also be liable, as will, in some cases, the state, county, and/or city as applicable, until and unless some or all of them are dismissed from a suit.

The only way I can think of for YOUR training to protect your agency is if you a) train the drivers in proper use, b) establish protocols for decision making related to transportation of various age groups, c) provide step-by-step protocols and instructions for installing and using seats of various groups, d) maintain the car seat supply and make sure that improper/damaged/etc seats are removed from use and e) establish supervisory or inspection protocols to make sure that drivers continue to use the seats right.
 

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