This case involves a child who fell from the 8th story window of an apartment complex. The window in question extended from the floor to the ceiling and opened directly from the bottom. The window had a safety lock permitting it to only open 6 inches, however, the safety guard could be overridden and the window could be opened all the way. On the day in question, the apartment was being professionally painted and the painter had opened the window completely to ventilate the hallway. Later on, while the mother was in the bathroom, the child walked over to the window and fell to her death. It is alleged that in the past, various apartment owners had voiced their concerns about the dangers that this window design might pose to children. An expert with experience in general contracting for multi-family residential construction projects was sought to discuss the safety and efficacy of these particular windows and speak to the recommendations of the contractors to use these specific windows in this building.
