These tragic child accident injury claims involving a child falling out of a window or from a roof are not usually as simple as they look.
The raw data of the physical variables are more or less the same, the physics and geometry of these child fell out the window type of accidents include the child’s height, weight; the window sash height dimensions; size of the aperture or opening; screen no screen; child safety
locks or not and dozens of other facts and figures from which to reconstruct how the accident happened. Usually a engineer or architect or both are used for this part of the investigation.
The next part needs a different skill set.
This accident case is not only about how the accident happened. It is about why the child accidentally fell out the window.
There are hundreds of questions, for example :
Was the child temporarily in the custody of a person other than the parents
What was the age, emotional and mental acuity of the child at the time of the fall.
Were there any cautions given and who gave them, how many times and when was the last caution given.
Has all or part of the window frame, structure or building been changed, altered, renovated.
Are there any witnesses.
Did the landlord provide a safe premises as required under law.
Was there anything about the window or the view that attracted the child to play or explore in the vicinity of the window. Birds outside, fascinating traffic, music.
Then the answers and information have to be compared to the law, for example:
What were the required building codes.
What does the apartment lease mention about the condition of the premises and release
or limitation of landlord liability.
Was there a property management contract.
If it happened in a condominium is the unit owner on the Board of the Condo Association.
I firmly commit to perform a very intensive investigation with extreme attention to detail.
