Child Window Fall Injury Lawyer

How These Types of Cases Happen

In 2024, U.S. emergency rooms treated roughly 5,600 children age 12 and under for window-fall injuries, according to the Consumer Product Safety Commission — and about one case in three led to a hospital stay.

Children can fall out of a window for a number of reasons. Sometimes it’s due to parent negligence; other times it’s because of how a window is properly maintained by the property owner. Common situations include:

• Falls from apartment or rental windows where the required window latch was missing or broken.
• Daycare or school windows that weren't secured despite the vulnerability of the children inside.
• Falls from second-story or higher windows where no fall-prevention device was in place even though the risk was obvious.
• Broken or missing safety equipment the property owner knew about and failed to fix.

If your child fell from a window somewhere other than your own home, it’s worth finding out whether the property was up to code or properly maintained. A lawyer at Ali Law Group can help.

How Do Children Fall Out of Windows

When a child falls out of a window, it can often be traced back to something the property owner didn’t fix. Some causes include:

• Windows without a required, functioning latch — a legal requirement for Texas rental properties under Property Code §92.153 — especially where a window guard or stop would have prevented a fall entirely.
• Locks that weren’t repaired even after being reported to the owner.
• Furniture placed near windows.
• Landlords or property managers ignoring known hazards.

How Are These Cases Proven?

When a child falls out of a window and is injured, a lawyer generally has to show proof that:

• The property owner had a duty to keep the property reasonably safe
• The owner knew, or should have known, about the dangerous condition
• The owner failed to fix it or warn about it
• That failure led to the fall and the child's injuries

Records, maintenance logs, and prior complaints usually carry more weight in these cases than anyone's memory of the day it happened. We review cases like this for free.

What Does Premises Liability Mean in Texas?

Owners have to keep their property reasonably safe, and that includes windows. Premises liability is what makes them responsible when they don't maintain a safe property and a child gets hurt because of it.

If the landlord knows a window lock has been broken for months and doesn't fix it and a child falls through that window, the landlord or property owner can be held responsible for the injuries. Even though the owner never touched the window themselves, knowing about the danger and doing nothing is enough.

What Can I Recover in a Child Window Fall Case?

What you can recover depends on the injuries and what you can prove. Depending on the case, that may include:

• Emergency treatment, surgeries, and hospital stays.
• Ongoing therapy or long-term medical care.
• Pain and suffering.
• Emotional distress, for the child and sometimes the parents.
• Costs tied to a permanent disability, if there is one.

All of these costs must be backed up by medical records and bills. It cannot be a guess.

Prior results do not guarantee a similar outcome. Every case is decided on its own facts.

What Should You Do After a Child Falls From a Window?

Get your child checked out by a doctor, even if nothing looks wrong at first. Some injuries take a day or two to show up.

You should also:

• Take pictures of the window, the screen, and the lock
• Get photographs of your child's injuries
• Find out if anyone else complained about that window before
• Get names from any witnesses
• Try to get maintenance records

Speak with an attorney before you give a statement or sign an agreement with the insurance company. A lawyer may be able to help build a better claim.

How Ali Law Group Can Help

These cases typically revolve around knowledge and timing. The personal injury attorneys at Ali Law Group can look into:

• Whether the window was in compliance and if it had all the required safety features
• Whether there were any prior complaints or repair requests about the window
• Insurance coverage that may be relevant to your case
• Any deadlines that could impact your case

Every case is different, and only by reviewing your situation will we know how your specific case would look. Ali Law Group helps families throughout Texas from their San Antonio and Houston offices.