Tort Law


Fairfax Injury Lawyer Brien Roche Addresses Windows Cases

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Windows.  

1952 Nosay v. Owens, 193 Va. 343, 68 S.E.2d 531. Plaintiff infant ran from behind car that hid him from defendant’s view and struck side of defendant’s automobile. It was raining and side windows were “steaming up.” All occupants of car testified that they had clear vision ahead through windshield. There is no causal connection between condition of the side windows and accident.

1998 Jeld-wen, Inc. v. Gamble, 256 Va. 144, 501 S.E.2d 393.

Child fell through screen that had defective latch on it. Issue before court was what was duty of manufacturer of ordinary window screen, that is neither designed nor manufactured to act as body restraint, to safeguard against misuse of screen for that purpose. In this case court found that there was no legal duty owed therefore no basis for claim. Manufacturer is not required to supply accident proof product. Duty of manufacturer in this case was to produce window screen and frame fit for ordinary purpose for which it was to be used and safe for a reasonably foreseeable misuse that could cause injury. Ordinary use is to keep insects out. This would not include the screen serving as childproof restraint. Plaintiff asserts that evidence supports finding that defendant knew or should have known of existence of defect that permitted screen to have false latch appearance and that child could make contact with screen and cause screen to fall out of frame thereby resulting in injury to child. Inherent in this theory is assumption that screen would be used to provide balance and restraining support for child. That was not purpose of screen. Defect in this case is irrelevant since it was not reasonably foreseeable that screen would be used for balance and restraint.

1964 Presbyterian Sch. v. Clark, 205 Va. 153, 135 S.E.2d 832.

Plaintiff injured when she mistook glass panel for open door. Contributory negligence as matter of law.

1944 Crosswhite v. Shelby Oper. Corp., 182 Va. 713, 30 S.E.2d 670.

Child leaned against screen in window in hotel and fell through it. Jury issue pre sented as to negligence of innkeeper.

For more information on windows see the pages on Wikipedia.


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