Windows are a common part of everyday life which provide natural light, airflow, and sometimes an escape route in emergencies like fires. However, they can also pose a danger to children: a 2011 study estimated that 5,180 children are treated in United States hospital emergency departments for window fall-related injuries every year, and the United States Consumer Product Safety Commission estimates that eight children five years old or younger die from window falls every year.
Negligence, or the failure to be reasonably careful to prevent harm, is often to blame when children fall from windows. Call us today at 800-718-4658 if your child fell from a window due to someone else’s negligence, as you may be eligible for financial compensation. We will not charge a fee for our services until and unless we obtain a recovery for you.
Preventing Window Falls
There are many things one can do to prevent children from falling out of windows, including:
- Install window stops or window guards. Window stops prevent windows from opening too much and typically allow windows to be opened only a few inches. Window guards are grids or bars which prevent children from falling out of the window. Quick release window guards allow windows to be opened quickly and easily in emergencies while still preventing falls.
- Move furniture away from windows so children can’t access the windows by climbing on the furniture.
- Install locks on sliding windows to stop children from opening them.
- Open double-hung windows from the top, not the bottom.
- Make sure children are supervised around windows, and look into window safety when going away from the home.
- Make sure windows are closed and locked when they are not being used.
- Don’t expect a window screen to stop a fall. Window screens are only designed to stop insects from getting in and can’t hold back even a small child’s weight.
- Place soft materials, such as wood chips or shrubs, under windows when it is possible.
What To Do After A Window Fall
Call 911 right away if your child has fallen out of a window. Window falls can result in death or serious injury, so it is critical to get immediate medical attention for a child who has fallen from a window. You should keep the child still until help arrives if you suspect a neck or back injury, as moving a neck or back fracture victim can make the injury worse.
Medical professionals can identify and treat any injuries to a child, and medical professionals who arrive on scene immediately after a fall can provide critical evidence regarding injury severity and the circumstances around the fall in case you decide to pursue legal action.
There are numerous other steps you may want to take after your child receives medical attention, including:
- Take pictures of the site of the fall, including pictures of the window, where the child landed, the furniture in the room and the screen. Photos showing dangerous conditions or a lack of safety devices could be critical if you take legal action.
- Report the fall to the owner of the property.
- Document the names, addresses and phone numbers of any witnesses to the fall.
- Keep the damaged window or screen.
- Hold onto medical billing records and document your child’s post-fall suffering.
- Contact an experienced window fall lawyer to talk about your legal options if your child’s fall may have been due to someone else’s negligence.
Window Fall Causes
Some of the most common causes of children falling through windows include:
- Faulty window guards and window stops
- Broken or faulty latches
- Failure to install window guards or window stops
- Poor placement of furniture
- Negligent supervision
Responsibility For Window Falls
Window falls may be the result of negligence on behalf of multiple parties, including:
Landlord and building owner negligence: Landlords have a duty under the law to make sure their property is reasonably safe for anyone living on it, including children. This means landlords have a duty to properly install safe windows and keep them safe through inspections and, when needed, repairs. Landlords may be found to be negligent when they fail to install and adequately maintain safety devices which prevent children from falling out of windows.
Building owners, like landlords, also have a duty to make sure windows are safe and well-maintained, and a failure to do these things may be considered negligence.
Maintenance company negligence: Landlords and owners often hire maintenance companies to maintain and fix their properties. Maintenance companies who fail to install safety devices on windows or fail to safely maintain windows may be found to be negligent in the event of a child falling from a window.
Negligent supervision: Children sometimes fall from windows because adults given the responsibility of supervising the children fail to pay attention to the child. Babysitters, as well as teachers and staff at schools, camps and daycare centers, may be found negligent for failing to pay attention to a child who fell from a window.
Window manufacturer negligence: Windows should not fall out when minimal pressure is applied to them. Manufacturers of defective windows or defective window safety devices may be held liable for window fall injuries if a window fall happened because of a product defect.
Window Fall Lawsuits
You need strong legal representation if your child has been injured or killed in a window fall accident. Insurance companies will likely offer you a quick settlement which won’t fairly compensate you for the accident, and you’ll likely sign away your rights to taking further legal action if you take it. Insurance companies won’t offer you a fair settlement unless you have a lawyer; they’ll dare you to take them to court over it, knowing you can’t beat their lawyers without a lawyer of your own. Contact us for a free consultation with one of our window fall lawyers before you accept any offer from an insurance company.
We have been helping victims of window falls and other injuries since 1990 and have recovered over $750,000,000 on behalf of injury victims in that time. Insurance companies know, respect and fear us. We will force the insurance companies to fairly compensate you for medical bills, lost income, funeral expenses, and/or the pain and suffering of you and your child.
Call us today at 800-718-4658 for a free consultation if your child was injured or killed in a window fall accident, or use the texting feature on this page. We are contingency fee lawyers, so we only charge a fee if we obtain a recovery, and our fee is only a small percentage of any recovery.
