Vehicle Power-Window Injury

Power-windows are a modern convenience that most vehicles are equipped with. Normally, most people wouldn’t give them a second thought, but in fact, vehicle power-windows pose a potential hidden danger to children. Power-windows are very strong, and when they are used or designed improperly, they can cause serious harm, especially for children who can accidentally close power windows on their arms, legs, or head. 

Causes of Power-Window Injuries

Power-windows exert between 30 and 80 pounds of upward force, which is more than is necessary to raise most vehicle windows. It takes only two pounds of force to activate the window switch and 22 pounds of force to injure or suffocate a child.

Each year, over 2,000 people are seen in hospital emergency rooms for power-window accidents, half of those are children. Since 1990, over 50 children have been killed by power-windows and numerous others have suffered other injuries including amputation and traumatic brain injuries, with most of these victims being under the age of three (3).

Power-window injuries may result with adults are distracted or fail to supervise a child while they are riding in a vehicle. These types of injuries may also be due to faulty design or manufacturing, with defective window switches being the most common type of power-window defect. 

As of October 2010, vehicle manufacturers are required to include “pull/push” types of switches for power-windows, but the law does not currently require vehicle manufacturers to include Automatic Reversing Systems (ARS). ARS technology stops a window if an obstruction is detected, much like elevators and garage doors and its inclusion, which would only cost approximately $6 per window, would significantly reduce power-window injuries. However, the National Highway Traffic Safety Administration (NHTSA) has deemed this safety method, which is widely used in Europe, unnecessary.

Common Power-Window Injuries

Some of the most common power-window injuries occur to the extremities, including the hands, arms, and fingers. When a power-window closes on any body part, the victim will suffer anything from bruising to broken bones. If a power-window closes on a child’s head, the results can be much more serious, including suffocation. Some of the most common power-window injuries include:

• Contusion
• Sprain or strain
• Laceration
• Crushing
• Dislocation
• Fracture

Power-Window Legal Liability

Power-window injuries are most commonly caused by the negligent behavior of a supervising adult or by a defect in the design and/or manufacture of the power-window itself.

If a child suffers a power-window injury due to the negligence supervision by an adult, the person who was to be supervising the child could be found liable for the child’s injuries. For there to be negligence, it must be proven that the adult had a duty of care to the child, they breached that duty, and that breach caused legally compensable injuries to the child. 

A defect in any part of a power-window can also be the cause of a power-window injury. If the switch, locking system, or ARS system did not come with proper consumer warnings or they have a flaw and that flaw can be proven to be the cause of the child’s injury, the manufacturer and anyone that was involved in the distribution could be held liable in a product liability claim for the damages a child may have sustained.

If your child has been injured in an accident, contact 844 See Mike for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice. 

We see you as a person, not just a client – and that makes us better at work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at 844 See Mike, we put People, First.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google.  Call 888-572-0176, e-mail us at michael@agrusslawfirm.com, or schedule meeting with us here. We’re here 24/7.