Parents blame the screen. A child window fall injury almost never involves a defective screen, though, because insect screens were never built to hold a child’s weight.
Below, we explain what that means for liability, which Georgia statute governs a rental, and what evidence decides these cases.
Why a Child Window Fall Injury Is Not the Screen’s Fault
Screens keep bugs out. Safety researchers put it bluntly. A window screen is not designed to stop a child from falling. Nor will a normal screen keep a child safe.
The numbers stay steady. More than 3,300 children under 18 reach emergency departments each year with injuries from falls out of windows.
So a product claim against the screen maker usually fails. The screen performed exactly as designed, which shifts the question toward whoever controlled the window.
Speak with a Charlotte car accident lawyer and get a free consultation today.
Call (980) 294-4931Who Georgia Law Holds Responsible
O.C.G.A. § 44-7-14 governs rentals. A landlord who has fully parted with possession still answers for two things. The statute names “defective construction” and “the failure to keep the premises in repair.”
Read that repair duty carefully. A window that will not latch qualifies. So does a sash that slides open under a child’s hand, or a guard the lease promised but nobody installed.
Common areas work differently. There the owner keeps control, so O.C.G.A. § 51-3-1 imposes ordinary care to keep the premises and approaches safe.
What the Standard of Care Looks Like
Prevention defines the duty. Three measures appear consistently in safety guidance:
Window guards. Installed on second-story and higher windows, ideally with a quick release for emergency exits.
Window stops. Hardware limiting any opening to four inches or less.
Furniture placement. Beds, dressers, and toy chests moved away from windows, since children climb whatever sits beneath them.
Each measure costs little. Consequently, a landlord who ignored a written request for one has a hard time explaining the omission later.
Why Evidence Disappears After a Fall
The window is the case. Latch condition, sash function, guard hardware, and sill height all matter, yet repairs often happen within days.
Records matter as much. Maintenance logs, prior tenant complaints, inspection reports, and the lease itself show what the landlord knew and when.
So photograph everything before anyone fixes it. An attorney can then send a preservation letter and pull those records while they still exist.
Talk to a Fayette County Premises Liability Attorney
Shane Smith Law documents the window before it gets replaced. When a fall proves fatal, Georgia also treats the death claim as its own separate action. Contact us for a free consultation.
