A Study on Falls from WindowsA study conducted over a 19-year period demonstrated the frequency in which children fall out of windows. The study was conducted from 1990 to 2008. Researchers gathered and analyzed information on the number of children treated in emergency rooms (the information used was from a nationwide database). They found that a total of 98,415 children were treated for injuries directly associated with falling out of a window during the 19-year period. That number translates to an average of 5,180 window-related falls per year. The study also found that falls from windows were more common during the warmer months of spring and summer, approximately one-fourth of all incidents required hospitalization, and that children under the age of five were more likely to suffer serious injuries (and three times more likely to suffer head injuries) in associated with window falls. The study also concluded that window screens were in place the majority of the time (in the cases where such information was available).
Safety Recommendations to Avoid Window FallsThe horrible accident that the 7-year-old girl suffered could have easily been prevented. As adults, we cannot control the natural curiosity of children – they are going to jump of the sofa to see how high they can go and they are going to climb on the window to look outside if they want to. As adults, we have a certain responsibility to ensure that kids can be kids – albeit safely. Some safety recommendations include the following:
- Installing window guards (child-proof “gates” installed on the inside of windows)
- Installing window bars (installed on the outside of windows)
- Moving furniture away from windows
- Installing window locks (to prevent windows from opening more than a few inches)
- Not depending on screens to prevent falls (as screens are not designed to prevent falls)
What Can You Do after Your Child Falls Out A Window?Immediately after such a devastating incident, you should call emergency services. Do not move your child – as you might inadvertently worsen any injuries. Do everything within your power to ensure that your child receives the medical attention that he or she needs. If you believe that the harm that your child suffered has been underestimated, do not hesitate to seek a second or third opinion. The harm resulting from falls from windows can include cuts/bruises, broken bones, spinal injuries, and traumatic brain injuries, for example. Could you take any legal action? You might be wondering whether you have the right to sue for the harm that your child suffered. Whether your child suffered extensive injuries, permanent injuries, or fatal injuries, you might have grounds to pursue a claim. Who could you sue? What type of action could you take?
Learn more about your legal options by chatting with a representative now.Let’s consider a few of your options. You could pursue an injury claim or a wrongful death claim, depending on the specific circumstances. Who could you pursue a claim against? Who could be liable for the harm that your child suffered after falling out of a window? Consider the following points:
- Caretakers could be liable for failing to supervise children appropriately.
- Landlords could be liable for ignoring requests to install locks, window bars, or window guards, for example.
- Product manufacturers (window guard manufacturers, for example) could be liable for any defective products that lead to window falls.
- Companies used for the installation of window locks, guards, or bars could be liable for failing to install these products correctly and safely.
Could You Recover Compensation?Recovering monetary compensation will not reverse the harm that your child suffered – and it will definitely not reverse the harm that your entire family suffered due to such a traumatic incident. However, you could be eligible to recover compensation – compensation that can help you cover all sudden expenses resulting from the incident and move forward with your life. Depending on the details of the incident and your claim, you could be eligible to recover compensation for all or some of the following:
- Medical expenses
- Lost income
- Pain and suffering
- Funeral and burial costs
- Loss of consortium
- Punitive damages