Who’s Liable for a Child’s Injuries After Falling From a Window?

Liability for a child injured after falling from a window depends on where the incident occurred, who was responsible for the property, and whether reasonable safety measures were in place to prevent the fall. The consequences of such accidents can be life-changing in seconds, leaving families trying to understand how a place that was supposed to be safe became the setting for a serious injury.

These incidents happen in apartments, rental homes, childcare facilities, and other buildings across Washington, DC. In many cases, they are linked to conditions that have remained unaddressed over time, such as faulty locks, low window sills, or broken safety devices. When basic safety measures are overlooked, the risk of an accident increases.

After a traumatic accident, knowing where legal responsibility may lie can help families begin to move forward. Regan Zambri Long’s Washington, DC premises liability lawyers can review what happened and help determine whether a property owner or operator failed to meet their legal obligations under District law.

How Does a Child Falling From a Window Happen?

Falls from windows are a serious safety issue for children. Each year, more than 3,300 children are treated in hospital emergency rooms for injuries related to window falls, showing how frequently these accidents occur in everyday building environments.

In many cases, the conditions leading to these incidents develop gradually rather than suddenly. A window may be left open for air, a safety guard may be missing or broken, or a lock may no longer work as intended. Over time, these small issues can create a situation where a child has easy access to an unsafe opening.

Children are also naturally curious and active, especially in unfamiliar or shared spaces. A couch, bed, or table placed near a window can make it easier for them to reach a sill when they are exploring, or they may see something through the window they want to reach and not realize the danger.

What Factors Determine Liability After a Child Falls From a Window?

Determining liability in a child injury case depends on several practical and legal factors. Liability is not automatic; instead, it depends on whether someone owed a legal duty of care, acted negligently by failing to maintain safe conditions, and contributed to the injury.

Courts and insurers examine issues such as:

• Responsibility for managing the property, including whether the owner, landlord, property manager, business operator, or institutional provider was accountable for maintenance and safety.
• Whether the risk was foreseeable, such as when windows lacked guards, locks were broken, or openings created an obvious danger to children.
• The property’s maintenance history including delayed repairs, ignored complaints, or missed inspections.
• Compliance with building codes and safety regulations, particularly those governing window barriers, locks, and protective devices.

Who Is Liable When a Child Falls From a Window at a Daycare or Childcare Facility?

Daycare centers, preschools, and other childcare facilities have an increased responsibility to protect the children in their care. Families trust these providers to maintain safe environments that take into account children’s age, mobility, and limited ability to recognize danger.

In these settings, responsibility can extend beyond individual staff members. Liability may involve the facility operator, the property owner, or a management company responsible for building maintenance.

Supervision can also be relevant in regulated childcare environments, particularly when staffing levels, monitoring policies, or safety procedures do not meet required standards. That being said, supervision is usually examined alongside physical conditions, not in isolation.

Licensing records, inspection reports, and prior safety citations may help show whether a facility had notice of hazards and failed to correct them.

Who Can Be Held Liable When a Child Falls From a Window at a Friend’s or Relative’s Home?

When a child is injured while visiting a friend’s or relative’s home, liability generally relies on the homeowner’s duty to provide reasonably safe conditions for invited guests.

Under Washington, DC premises liability laws, property owners are expected to take reasonable steps to address hazards that could foreseeably place visitors at risk.

Special considerations apply when children are present. Because young visitors might not recognize dangerous conditions, homeowners may be expected to take added precautions when hosting families or allowing children into certain areas of the home.

In rental properties, responsibility may be shared. Landlords may be liable for injuries linked to structural defects or maintenance issues they were obligated to repair, while tenants may be responsible for conditions within their control.

If a Child Falls From a Window on Public or Commercial Property, Who is Liable?

When a child is injured after falling from a window in a public or commercial setting, responsibility depends on who controlled the property and how safety was managed in that space. These cases may involve businesses, nonprofit organizations, property owners, or management companies that invite the public onto their premises.

In locations such as community centers, museums, retail spaces, or indoor recreation facilities, operators have a duty to maintain reasonably safe conditions for visitors, including children. This includes monitoring building conditions, addressing safety concerns, and complying with applicable building and occupancy standards.

Liability may extend beyond the business occupying the space. Property owners, management firms, or maintenance contractors may also share responsibility when they were responsible for inspections, repairs, or safety planning.

In some situations, multiple parties may be involved in maintaining the property, making these cases more complex.

Can the Government Be Held Liable When a Child Falls From a Window in Washington, DC?

When a child is injured after falling from a window in a publicly owned building, special legal rules may apply. These cases usually involve locations such as public schools, recreation centers, libraries, housing facilities, or other properties operated by District agencies.

Government entities in Washington, DC, still have a duty to maintain reasonably safe conditions for visitors, including children. This includes addressing known safety concerns, conducting regular inspections, and complying with applicable building and safety standards.

However, claims involving government property are handled differently from cases against private owners. Strict notice requirements, shorter deadlines, and procedural rules can affect whether a claim may proceed. Failing to follow these steps correctly can limit a family’s ability to pursue compensation, regardless of how serious the injury was.

Responsibility may also extend to contractors or management companies hired to maintain public facilities. Reviewing maintenance agreements and inspection records is generally necessary to determine how duties were assigned.

How is Negligence Proven in Child Window Fall Injury Cases?

In cases involving serious window fall injuries, proving negligence usually requires showing that unsafe conditions existed and were allowed to remain unaddressed. This requires documentation that connects the injury to preventable property conditions.

Evidence commonly used in these cases may involve:

• Records showing violations of building codes or safety regulations
• Maintenance logs and prior repair requests related to window safety
• Complaints or inspection reports documenting ongoing concerns
• Security footage or incident reports showing how the fall occurred
• Expert opinions on proper safety standards and childproofing measures

When these materials are reviewed together, they can help establish whether reasonable precautions were ignored. In child injury cases, expert analysis can be especially important in explaining how safer design or maintenance could have prevented the fall.

How Our Washington, DC Premises Liability Lawyers Can Help

Cases involving serious childhood injuries like falling out of windows require careful investigation, detailed documentation, and a clear understanding of property safety obligations. Identifying who controlled the space, who was responsible for maintenance, and whether safety standards were followed can make a critical difference.

Regan Zambri Long’s Washington, DC premises liability lawyers can assess the available evidence, explain how local laws apply, and outline potential legal options.

If you would like guidance about your situation, contact Regan Zambri Long today for a free consultation.

About the Author

Patrick M. Regan, Esq.

Patrick Regan is a board certified personal injury lawyer and a founding partner at Regan Zambri Long. His practice is devoted to helping those who suffered catastrophic injuries in car accidents, truck accidents, Metro accidents, and medical malpractice. Over his nearly 40-year career, Patrick has obtained some of the most significant jury verdicts in the history of Washington, DC on behalf of injured victims. Patrick is licensed to practice law in Washington, DC, Virginia, and Maryland. He received his B.A. at Hamilton College and his J.D. at the Columbus School of Law at the Catholic University of America.