Architectural Design Choice Allegedly Causes A Young Child’s Tragic Death

This case takes place in Florida and involves a 9-year old child who visited a library with her father.

ByJohn Lomicky

Updated on

Architectural Design Choice Allegedly Causes A Young Child’s Tragic Death

Case Overview

While the father was reading a book, the child wandered off and climbed a guard railing separating an outdoor walkway from a small garden. The railing consisted of horizontal rungs making it easily scalable. The child reached the top and fell 2-stories from the railing onto a brick walkway. The child suffered traumatic brain and spinal cord injuries and passed away from subsequent complications. An expert in the design of facilities for children was sought to review the case and opine on the design choice for this guardrail in regard to child safety.

Questions to the Disability expert and their responses

Q1

How often do you work on projects involving the architectural design of facilities frequented by small children?

Architects are required to perform services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.

Q2

For facilities in which small children are frequent visitors, what are the safest options for guardrail design?

Climbability restrictions are not in any current model code and have never been adopted in any version of state building code. The 2000 International Residential Code stated, 'Required guards shall not be constructed with horizontal rails or other ornamental patterns that result in a ladder effect.' The ladder effect restriction cited in the 2000 IRC was subsequently removed. Local jurisdictions may limit the use of horizontal cable railing, however, many cities have not. Even a horizontal cable railing would be a better option than the rigid bars used. It is my opinion that because of their small diameter and lack of rigidity, horizontal cables are thin and not as easy to climb. While another architect may have provided a different design, it is unfortunate that the code does not address this safety concern.

About the expert

This expert has over 15 years of experience in architecture and ADA compliance. He earned his BS in architecture from California Polytechnic University and an MS in architecture from the University of Oregon. Today, he is a certified ADA access specialist and has designed numerous spaces and specializes in building specifications, sustainability, accessibility, and code compliance. Previously, he served as a designer at Pyatok Architects and Hill Architects. Currently, this expert serves as the founder of a private architecture consulting firm in California.

Expert headshot

E-116217

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About the author

John Lomicky

John Lomicky

John Lomicky is a J.D. candidate at FSU Law with a multidisciplinary background. He earned his Bachelor's degree in Neurobiology and Near Eastern Studies from Georgetown University and has graduate degrees in International Business and Eurasian Studies. John's professional experience includes working in private equity as an Associate at Kingfish Group and in legal business development and research roles at the Expert Institute. His expertise spans managing sales teams, company expansion, and providing consultative services to legal practices in various fields.

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