How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thelawman2 Your Own Question

Thelawman2
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 778
Experience:  Attorney-at-Law
66887675
Type Your Legal Question Here...
Thelawman2 is online now
A new question is answered every 9 seconds

I have tilt down windows in my home. My daughter opened the

Resolved Question:

I have tilt down windows in my home. My daughter opened the window to look outside and the top part of the window malfunctioned and fell on her head. Those windows are very heavy! My son happened to see the window begin to fall and yelled for my daughter to watch out - he ran and caught the window frame, but did not realize how heavy it was. The glass shattered on her head and all over everywhere - it was not tempered glass, but big jagged pieces of dangerous glass. If my son did not catch the window, my daughter would have been "wearing it"! She only suffered minor scratches and a minor concussion. These windows are dangerous! The neighbor who secured the rest of the window said that the window malfunctioned - my daughter could have been seriously injured or worse! I can't seem to find any information about lawsuits regarding these tilt windows. I thought I would ask for advice - should I pursue this?
Submitted: 11 months ago.
Category: Legal
Expert:  Thelawman2 replied 11 months ago.

Thelawman2 :

In the US, dangerous products are governed by a strict liability standard. Rather than focus on the behavior of the manufacturer (as in negligence), strict liability claims focus on the product itself. Under strict liability, the manufacturer is liable if the product is defective, even if the manufacturer was not negligent in making that product defective.

Thelawman2 :

So the windows sound defective, but the question is what would your damages be? You could ask the company to take back the windows and get a refund.

Thelawman2 :

Also, you can get a money reward for the amount of damages that occurred due to the defect. Basically, that means the amount of pain and suffering as a result of your daughter receiving scratches and a concussion.

Thelawman2 :

However, you would not be able to recover damages in the amount of potential injury (what would have happened if your son did not catch the window)

Customer:

My daughter could have been killed by this malfunction

Customer:

If my son did not catch the frame - she could have been cut and bleed to death easily

Customer:

Bled to death

Thelawman2 :

You could also file a complaint against the company with the consumer product safety commission at the following website: https://www.saferproducts.gov/CPSRMSPublic/Incidents/ReportIncident.aspx

Thelawman2 :

That way you can ensure that the product is taken off the market if found unsafe

Customer:

I find it strange that there is no information on the web regarding this. I'm sure my daughter is not the only one who has been injured by these type of windows. I see where cats have been injured but not people.

Thelawman2 :

I haven't found anything either, but that doesn't mean other complaints haven't been filed with the Consumer Product Safety Commission. You could contact them....once the government shutdown is stopped....to see if they have any further information regarding the products and whether other similar complaints have been made

Customer:

Ok - that sounds like a plan. Thanks for your time! Have a good evening!

Thelawman2 :

You are welcome, please provide positive feedback

Thelawman2, Attorney
Category: Legal
Satisfied Customers: 778
Experience: Attorney-at-Law
Thelawman2 and 3 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.