Tort Law-Window Falls by Children
Spring and summer are the time of the year when we most often hear about children falling out of windows either in apartment buildings or homes. Most windows have screens on them. Screens are somewhat deceptive in that even though they are technically intended to keep bugs out they create a false sense of protection in that they create a barrier that most adults believe will not be crossed. Children, however, do not necessarily perceive that barrier the same way that adults do. As a result, if you have an open window in an apartment or a house that is above ground level and there are children that have access to that window you need to consider some options in order to avoid personal injury to the children. One of those options is what is called window guards. Many landlords make window guards available to tenants with children. A window guard is simply a guard that goes over the lower part of the window to prevent a child from falling out the window.
Another option is window pins that are built into the side of the window that essentially prevent the window from opening more than three or four inches. That does allow you to get some fresh air into your unit without creating a danger of your child falling out of the window.
Another option is top opening windows, i.e. windows that open from the top as opposed to the bottom.
Those are all options that need to be considered. If your landlord is not offering those options, then you may want to consider proposing one or more of them. If the landlord refuses, then you may need to consider the option of simply vacating the premises.
Landlords who are resistant to any sort of window protection mechanism in apartments where they know children are at risk are potentially liable for negligence if, in fact, a child is injured as a result of falling out of that window.
