Window Hazards for Children & Related Personal Injury Lawsuits
Thousands of small children across the U.S. fall out of windows each year. Very young children (especially those under five years old) may fail to recognize the risks posed by windows as they explore their surroundings. Fortunately, very few children die from falls, but a significant number sustain injuries that require medical attention. Parents may incur substantial costs for the treatment of their child. They may not need to bear these costs on their own. Entities that may bear at least some responsibility for a fall out of a window may include the manufacturer of the window, the installer of the window, or a landlord, among others.
How Window Falls Can Happen
Sometimes multiple factors can combine to cause a child to fall out of a window. Not all of these factors may be immediately obvious. While parents may blame themselves for not supervising their child adequately, this may not be the full story. They should investigate whether the window contained any inherent problems. For example, a window with a defective latch or lock, or a window that does not close properly, may contribute to a fall. In other cases, the window installer may have failed to properly secure the window to the home.
When a family lives in a rental property, a fall can occur if the landlord does not properly address problems with a window of which they have been informed. A landlord policy against the use of childproofing devices or a faulty or improperly installed childproofing device also may contribute to a fall.
Pursuing a Claim Based on a Window Fall
If someone other than the parents of a child bore some responsibility for a fall, parents can bring a claim against the at-fault party for the harm that resulted. Damages available in these cases may include economic and non-economic damages. Economic damages compensate a family for the medical bills that they incurred in treating the child’s injuries, as well as any other out-of-pocket costs. Non-economic damages account for intangible forms of harm, such as the pain and suffering endured by the child.
Many cases based on child injuries rely on a theory of negligence. This involves showing that the defendant failed to use reasonable care under the circumstances, and the child was injured as a result. For example, if a reasonable landlord would have addressed a hazard within a certain time, a landlord that did not address the hazard within that time likely would be liable. Cases involving window manufacturers, however, usually proceed under a theory of strict liability. This does not require showing an absence of reasonable care. Parents simply need to show that the window was defective and that the defect caused the fall. A defect might involve the way in which a specific window was manufactured or the inherent design of the window.
Preventing Window Falls
Parents should try to prevent a child from falling out of a window in their home by taking certain precautions. They should generally keep windows closed and locked, especially those that can be easily reached by a small child. If a window needs to be opened for ventilation, parents should choose a window that would be difficult for the child to access. They may want to avoid placing furniture near a window so that the child does not try to climb on the furniture to access the window.
In addition, parents may want to adopt childproofing measures to reduce the risk of a child falling out of a window. These may include devices that prevent a window from opening beyond a few inches so that a child cannot fall through the space. Rather than using ordinary window screens, parents can consider installing a fall prevention screen that is specifically designed to address this hazard. Sometimes parents may want to put bars over a window so that it can be opened without a child falling through. This may pose its own safety hazard in an emergency if the child or someone else needs to exit through the window, so a window guard should include a release device that a parent (but not a child) can easily activate.
When a window childproofing device is defective, and a child falls out of a window as a result, parents may have a legal claim against the manufacturer or installer of the childproofing device. Similar to the claims discussed above, parents would need to show that the child would not have fallen out of the window if the device had functioned properly.
