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Thelawman2
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1058
Experience:  Attorney-at-Law
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I have tilt down windows in my home. My daughter opened the

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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?

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

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