Many homes contain a danger to children that few parents ever consider – window screens. According to the Harborview Injury Prevention & Research Center, between 3,500 and 5,000 children are treated in emergency rooms annually in the United States due to falls from windows. One in three of these children needs intensive care, and one in four leave the hospital with long-term disabilities.
Screens, a device you might think would prevent injuries, are often the culprit. In fact, one report shared that 83 percent of windows from which a child falls had a screen. In some of these cases, a screen may be broken, defective, or prone to coming loose.
If your child suffered a serious injury due to a fall from a window, the attorneys at Kline & Specter, PC can offer advice on how to seek accountability. They are highly trained in various practice areas and have decades of experience investigating and litigating these tragic cases.
Common Window Fall Injuries
Window fall accidents can cause severe harm and may even be fatal. Common injuries include:
- Traumatic brain injuries
- Skull fractures
- Concussions
- Broken bones, including fractures to the arms, legs, and ribs
- Internal injuries, such as organ damage or internal bleeding
- Spinal cord injuries
- Paralysis
Even nonfatal falls can result in long-term physical and emotional effects that require extensive medical care and rehabilitation. These injuries highlight why property owners must maintain safe windows and protective barriers in residential buildings.
Who Is Most Likely to Be Injured?
The journal Pediatrics noted that an estimated 98,415 children were treated in hospitals over a 19-year period for injuries attributable to a fall from a window, or an average of 5,180 per year. The greatest incidence of falls from windows occurred among children aged 2 to 5 years.
How Negligence Leads to Window Fall Accidents
Negligence plays a major role in many window-fall accidents, especially when property owners or landlords fail to address known safety hazards. Common examples include:
- Using defective or poorly installed window screens
- Neglecting to repair loose frames
- Ignoring prior complaints about faulty locks or missing guards
In apartment complexes, failure to comply with building codes or to install proper safety devices can also constitute negligence. When these preventable issues are overlooked, children and other occupants face a serious risk of injury. Property owners have a legal duty to maintain safe conditions, and ignoring that responsibility can result in devastating consequences.
Legal Options After a Window Fall Accident
After a window fall accident, families may have legal options to seek compensation for medical bills, long-term care, and emotional suffering.
These cases often fall under premises liability law, which holds property owners, landlords, or building managers responsible when unsafe conditions cause injury. An investigation may reveal negligence, such as defective screens, missing window guards, or failure to meet safety standards.
An experienced attorney can assist with gathering evidence and work with safety experts to determine who is liable. Taking legal action can not only help cover expenses but also encourage property owners to improve safety and prevent future tragedies.
What Compensation May Be Available in a Window Fall Injury Claim?
Compensation in a window fall injury claim can help families recover from the physical, emotional, and financial toll of the accident.
Victims may be entitled to payment for medical expenses, hospital stays, rehabilitation, and long-term care. Additional damages can cover lost income, pain and suffering, and diminished quality of life.
In cases involving severe negligence, such as ignoring known safety hazards, punitive damages may also be awarded to hold the property owner accountable. Each case is unique, and the amount of compensation depends on the extent of the injuries, the impact on the victim’s life, and the degree of negligence involved.
Window Fall Injury Prevention
The following steps can help prevent children from falling from windows, specifically in multiple-dwelling apartment units:
- Supervise small children at all times.
- Remember that window screens are designed to keep insects out, but because they are not strong enough to keep children inside, they will not prevent falls from windows.
- Avoid placing furniture, on which children may climb, near windows or on balconies.
- Install locks on windows to prevent sliding windows not intended for egress from opening more than four inches.
- Open double-hung windows from the top only.
- Do not use fixed guards, commonly used to prevent intrusion, because they may impede egress in the event of a fire. Install operable window guards on second- and higher-story windows (unless prohibited by local fire regulations).
Why Choose Kline & Specter for Help With Your Window Fall Injury Case?
Kline & Specter, PC has a proven record of achieving justice for victims of preventable injuries, including children harmed or killed in window fall accidents. Founded in 1995 by Tom Kline and Shanin Specter, the firm has grown to more than 50 attorneys, five of whom are also medical doctors, and has secured hundreds of multimillion-dollar verdicts and settlements.
Kline & Specter’s experience and dedication make them a powerful advocate for injured families. One example of their commitment is the Woolfolk Case. In this case, Shanin Specter obtained a $12.25 million settlement for a young boy who suffered brain damage and vision loss after a three-story fall from a defective apartment window. Specter’s investigation found that there had been a long-standing problem with the screens — that pins holding them in place tended to “pop out” – and that the apartment complex management had been notified previously by other tenants.
Discuss Your Window Fall Case Today
If your child has been injured in a window fall accident, you may have grounds to pursue a legal claim against those responsible. Property owners and landlords must maintain safe living conditions to prevent such tragedies. Call 215-772-1000 or submit our contact form to discuss your case.
Kline & Specter provides free and confidential evaluations of potential cases. Kline & Specter handles cases in Pennsylvania, New Jersey, Delaware, and New York. For cases outside those states, the law firm works with local attorneys in each state as applicable.
