Jeff Merrick, JD, LLM
Attorney at Law
Pediatric Law Firm
Helping injured children and their families.
1-800-970-5327
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Window falls: “Kids Can’t Fly”
That’s the slogan on New York City posters advising people of the law requiring landlords to provide window safety guards on upper floors of apartments.
An astonishing number of children fall through window screens every year. They lean against them because they see a friend or a dog outside; they sit on a windowsill and lean back; or they jump or play on an adjacent bed or couch.
Children suffer death or brain injury not just from New York City high rises, however. Children right here in Oregon, falling out of second story windows suffer tremendously. It happens in Roseburg Oregon, Hood River, Oregon, Portland, and all over the state. Apartment complexes can be especially dangerous, because, too often, the children fall onto concrete below.
Parents can help prevent these tragic injuries in the following ways:
- Check furniture and make sure there is no bed against a screen. Make sure there is no couch or other furniture near windows that open on the second floor and higher.
- Buy window locks that limit how far the window can open. Make sure the window opens no wider than the head of your child.
- Because there is no law in Oregon, window guards are not readily available at local stores. However, they can be purchased from manufacturers on line. The guards should meet the specification known as ASTM PS 120-99, which allows escape in case of a fire or emergency. If you live in a high-rise where you would never escape through a window, the specification is ASTM PS 112-98.
- Consider planting shrubs or other soft material under the windows. Studies indicate that the seriousness of the injury from a fall is based more on the hardness of the surface below than whether the fall is from a second or third story window.
- If you are building your home, consider purchasing windows that can open from the top, where children cannot reach the screen. Also, look for windows with built-in stops. Finally, consider using tempered glass in areas where you know your children will play. This glass will reduce the possibility of serious injury because it breaks into small pieces instead of jagged fragments.