A power window is built to lift heavy glass, so it closes with far more force than a small child can push back against. If a power window hurt your child in Illinois, two claims are usually in play: a product liability claim in Illinois against the vehicle or component maker if the window system was defectively designed, built, or warned about, and a negligence claim against whoever closed the window or was responsible for the child.
Why Power Windows Injure Children
It takes very little pressure for a toddler to trip a window switch, and the motor behind the glass keeps pulling upward with many times that force. Most incidents involve a head, hand, or arm resting in the window opening when the switch is bumped, leaned on, or pressed by another passenger, sometimes by a driver using a master control on a rear window out of sight. Children under four are hurt most often. Estimates have put power-window injuries treated in U.S. emergency rooms at roughly 2,000 a year, with children a large share, and a small number of children die annually when a window closes on the neck or chest. Figures vary by study and reporting period.
Common Power-Window Injuries
- Bruising and contusions
- Cuts and lacerations
- Sprains and strains
- Crush injuries to fingers and hands
- Fractures and dislocations
- Degloving or amputation in severe cases
- Asphyxiation and brain injury when a window closes on a child’s neck
Extremity injuries are the common ones. Head and neck cases are rare, and they turn catastrophic fastest. Our pages on child injuries in vehicles and child injury claims cover what recovery usually involves.
What Federal Safety Law Requires, and What It Doesn’t
Power-window systems are governed by Federal Motor Vehicle Safety Standard No. 118 (49 CFR 571.118), which exists to minimize the likelihood of death or injury from their accidental operation. It applies to passenger cars and to multipurpose vehicles and trucks rated at 4,536 kilograms or less.
| Requirement | What it means | Applies to |
|---|---|---|
| Pull-to-close switches (S6) | A switch that closes a window must be pulled up or out, not pressed down or leaned on | Vehicles manufactured on or after October 1, 2010 |
| Limits on when a window can close (S4) | A window may close only under defined conditions, such as the key being in the ON, START, or ACCESSORY position | Covered cars, MPVs, and light trucks |
| Automatic reversal performance (S5) | Where the standard’s reversal option is used, the window must stop and reverse before squeezing a test rod with 100 newtons of force or more | Systems relying on that option |
What the standard does not do is require an automatic reversing system on every power window. NHTSA has kept the pull-to-close switch requirement in place even for windows that already reverse on their own. A vehicle can meet the federal minimum and still injure a child, and meeting a safety standard is a floor rather than an automatic defense.
Who May Be Liable in Illinois
A defect claim points at a design defect, a manufacturing defect, or a failure to warn. A switch a child can trigger by leaning on it, a window lockout that does not work as promised, a reversal system that misses an obstruction, or an owner’s manual that says nothing useful about the hazard can each support a claim against the manufacturer and others in the chain of distribution. A dealer or distributor that only sold the vehicle is often dismissed once the manufacturer answers, unless it controlled the design, supplied the warnings, knew about the defect, or created it (735 ILCS 5/2-621). A Chicago product liability attorney can sort out which parties belong in the case.
Where no defect is involved, the claim runs in negligence against the adult who closed the window or was responsible for the child, which means showing a duty of care, a breach, and injuries caused by that breach. Claims arising from a parent’s own supervision of their child are limited in Illinois, so have a lawyer review those facts first. If the defense argues an older child or an adult passenger contributed, Illinois reduces damages by that person’s share of fault and bars recovery only when they are more than 50% responsible (735 ILCS 5/2-1116).
Illinois Deadlines Are Shorter Than They Look
Most Illinois injury lawsuits must be filed within two years (735 ILCS 5/13-202), and our guide to the Illinois statute of limitations covers the exceptions. A child’s clock runs differently: a minor generally has until two years after turning 18 (735 ILCS 5/13-211).
Product-liability claims carry a second cutoff that catches families off guard. Under 735 ILCS 5/13-213, the action must be brought within 12 years of the first sale or 10 years of delivery to the first user, whichever expires earlier. That period runs from when the vehicle was sold, not from when your child was hurt, so an older vehicle can create a timing problem even in a child’s case.
What to Do After a Power-Window Injury
- Get medical care and keep every record, including photos of the injury as it heals
- Write down the vehicle’s year, make, model, and VIN
- Preserve the vehicle, and do not repair or replace the switch, motor, or regulator
- Note who was in the vehicle and which switch was used
- Save the owner’s manual and any recall or service notices
- Hold off on a recorded statement to any insurer until you have advice
Frequently Asked Questions
Can a car window really break a finger or sever one?
A closing power window can fracture or crush fingers, and severe degloving and amputation injuries have been reported, though they are uncommon. Most reported power-window injuries are bruises, cuts, sprains, and fractures to hands, fingers, and arms.
Who is responsible if a power window injures my child in Illinois?
It depends on why it happened. If the switch, lock, or reversal system was defective or the hazard was not adequately warned about, the manufacturer and others in the distribution chain may face a product-liability claim. If the window worked properly and an adult closed it carelessly, the claim is usually a negligence claim against that person.
Are automatic reversing windows required on all cars?
No. FMVSS 118 sets a performance requirement for systems that use the standard’s automatic-reversal option, including stopping and reversing before applying 100 newtons of force to a test rod, but it does not require every power window to reverse when it meets an obstruction.
How long does my child have to file a power-window injury claim in Illinois?
A minor generally has two years after turning 18 to file a personal-injury claim (735 ILCS 5/13-211). A product-liability claim also has to fit inside the repose period in 735 ILCS 5/13-213, which runs from the sale of the vehicle rather than the date of injury, so the practical deadline can be much sooner.
Does it matter that the vehicle met federal safety standards?
It matters, but it is not the end of the analysis. Compliance with FMVSS 118 is evidence a manufacturer will use, and a claim can still proceed on a design that was unreasonably dangerous or on a warning that was inadequate.
Talk to a Lawyer About Your Child’s Injury
The vehicle itself is evidence, and the sooner someone examines the switch and the window system the better. Contact 844-SEE-MIKE for a free, no-pressure review of what happened. You pay nothing unless we recover money for you.
This article is general information about Illinois law, not legal advice about your situation.
