Child Fatally Falls From Poorly Designed Apartment Window

Case Overview

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.

Questions to the Architect expert and their responses

Please briefly describe your experience with multifamily residences and recommending windows for such structures.

As an architect, I have done some forensic work on multi-family units and many other multi-family construction defects cases. I apply existing code requirements in my practice and can testify to them.

Are you familiar with windows such as the one in this case? Can you speak to the potential hazards that may exist with using these windows?

I would never specify such a window, even for clients with no children, since they may have guests with children. Such a window is not acceptable and should be taken off the market in my estimation and professional opinion.

Could you speak to proper alternatives that do not open all the way up from the bottom?

There are so many ways to specify a safe window opening in a common area hallway that I believe we can show negligence on the part of the architect and/or contractor for specifying/recommending such a window, and negligence on the part of the contractor for installing such a window, and possibly, negligence on the part of the property management company and the HOA.

About the expert

This highly qualified expert has worked in architecture and construction for over 30 years. He is a registered architect and general contractor. He is a certified inspector by the California Real Estate Inspection Association and the American Society of Home Inspectors, as well as a certified inspector residential building by the International Code Council. This architect is also an active member of the American Institute of Architects, the California Real Estate Inspection Association, and the Construction Specifications Institute. He has formerly served as a designer at Yashima Inc., as a chief estimator at Saarman Construction, as the construction manager at PJB Enterprises, as the project manager at Kelly-Danmeier Inc., as the senior project manager at AIS Inc. and Nomin Construction, and as the Responsible Managing Officer and Chief Financial Officer at SFJ Construction. Currently, this expert is the owner and principal of an architectural inspection firm in California.

E-082977

Specialties:

Architect

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