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Defective product and personal injury question... windows in home defective... is manufacturer liable?

Woodbridge, NJ |

Last week I seriously injured my index finger while trying to open my bedroom window. While opening the window it somehow got loose from the tracks that run along the sides (frame) of the window, some component snapped and released with so much force that it sliced the side of my finger off. I went to the ER they considered giving me stitches, but went along with treating the injury and bandaging it. I was prescribed pain medication and antibiotics for possible infections.

I purchased my home 3 years ago and noticed that the previous homeowner had replaced many windows in the home. I do not know if it was professionally installed or a DIY project, but the windows themselves appeared to be of not so great quality.

I honestly believe the windows are defective rather than poorly installed

Attorney Answers 7

Posted

At least speak with an attorney who practices in the area of personal injury--not sure if you have enough in damages to make a claim against the manufacturer--Good luck.

*This information should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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Posted

I am sorry about your finger. And perhaps the windows are defectively designed or constructed…or just improperly installed by the previous owner. Regardless, to make a legal claim against the manufacturer or the previous owner somehow, substantial damages must exist as a result of the negligence. A cut finger which did not require stitches and likely will heal 100% will not do the trick.

The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.

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Asker

Posted

so far i will have scarring, so no, it is not as though I will ever have 100% recovery... but, thanks

Posted

I have some experience with the type of window you refer to. The component is plastic and it is attached to a spring. The component is supposed to slide up and down with the window. They stick sometimes. The manufacturer probably recommends the homeowner lubricate these components at least annually. Thankfully, it appears you have not suffered severe injuries. Painful, but not severe. You may certainly consult with a products liability attorney near you. Even if there is a defect, your claim may not be economically worth pursuing . Good luck to you.

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Posted

I am truly sorry to hear about your injury. Based on your description of how the accident occurred, it is certainly probable that the windows were defective. It is also possible that the design of your window was flawed and the manufacturer could have easily come up with a safer version of the product. In addition, a simple warning might have decreased the chances of you getting hurt. However, there is no definite answer to your question until and unless an expert thoroughly examines the frame and renders his professional opinion. Products liability cases are costly to pursue and hard to prove. I suggest that you consult with an experienced personal injury/products liability attorney as soon as practically possible. And I hope you get better soon.

My comment should not be construed as legal advice and it does not give rise to an attorney-client relationship

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Posted

Not enough information. Speak to a lawyer to discuss options. You need to know the installers, the window manufacturer and other information.

The content of the this submission is intended to provide general information on the topic presented, and is offered with the understanding that the author is not rendering any legal or professional services or advice. This submission is not a substitute for legal advice. Should you require such services, retain competent legal counsel.

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Posted

Need more facts. Maker of the windows may be responsible for a design or manufacturing defect. Consult a products liability/consumer safety attorney. I know as I do this kind of work

Do NOT rely on this answer as the information provided here is not legal advice nor is it a substitute for legal advice which requires a consultation with a lawyer. This response does not create an attorney-client relationship.

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Posted

As others suggested, if you are seriously interested in learning your options, you should see a personal injury attorney in your area sooner than later. In regard to any type of personal injury claim there are time limitations as to when you can present claim. However, assuming you have a good recovery, your damages would most likely not justify the cost and risk associated with a product liability claim (if one exists)

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