Broken Window

[NJinspector]

The second I unlatched the spring loaded lock, the top sash came flying down and shattered. I've had it happen before, but I've been lucky enough to catch it or not have it break. Can I be held liable for this? Should I Be?

I informed the buyers agent and she didn't think it was my responsibility, but I'm just wondering if anyone had the same experience and what the outcome may have been.

The home was occupied, and the owners were present for the beginning of the inspection.

[Bain]

That happened to me a long time ago. Now, I always put a hand on the upper sash before twisting the lock.

[Terence McCann]

The second I unlatched the spring loaded lock, the top sash came flying down and shattered. I've had it happen before, but I've been lucky enough to catch it or not have it break. Can I be held liable for this? Should I Be?

I informed the buyers agent and she didn't think it was my responsibility, but I'm just wondering if anyone had the same experience and what the outcome may have been.

The home was occupied, and the owners were present for the beginning of the inspection.

No, you're not liable. Better you should catch it rather than it landing on a childs hands don't ya think?

[resqman]

"Failed under testing"

Technically the window failed while under normal operation. In theory you should not have to pay to fix it. If it is only a few panes of glass, maybe $20 in parts?

On the other side of things, if the sellers pitch a fit, then I might help out to promote good business relations. My inital response would probably be, "I am sorry the window broke but the tension springs are not funtioning as intended. You failed to warn me that the window was not functioning so I did not take additional precautions." Then I would see where it goes from there.

[Erby]

I've only had one like that. (yeah, I learned to support the upper sash before twisting the lock.)

It didn't break anything but it sure as hell smashed my fingers wrapped around the lower sash. Hurt like hell and I needed help getting that slow hand out of the window.

Better you find the defective window now, instead of a child finding it when they opened the window. You operated it normally. It failed. Seller should fix it before someone else gets hurt.

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[Brandon Whitmore]

I had the same experience as Erby early in my career, and am now cautious as well. I can't remember how I finally got my fingers back out, but remember it took some time, and a lot of pain.

I call old double hung windows guillotine windows now.

[kurt]

Depends on how pissed off the sellers are. I've had it go both ways.

Most contracts say something to the effect of any damage done during the inspection is the responsibility of the buyer or their agents.

Of course it's not our fault, unless, of course, everyone thinks is our fault.

[Bain]

Ah, the learning curve is similar for all of us, huh? I still forget to put my hands on blinds, sometimes. And of course the things sometimes crash to the ground and I quickly glance around to see if I've destroyed anything.

[Mike Lamb]

Our job is dangerous enough as it is so I don't take kindly to booby traps. If glass broke, they can fix the glass and the defective window and be thankful I did not get hurt. I happen to have fractured and nearly lost a finger in a window guillotine. I am more careful now. Like Bain, I hold the upper sash when I unlock it.

I once opened a second story casement window and it fell right out of the window. Miraculously, I caught it. It could have killed someone. No, I don't take kindly to booby traps. I take it personal.

[Bill Kibbel]

I think we all need to feel some pain to help us to remember what can happen with double hung windows. Slamming down on fingers and paying for broken glass are both sources for pain.

[hoosier inspector]

At an inspection a couple years ago the sellers agent was shadowing me throughout the inspection and griping about it taking too long. I could not close and latch a double hung because of built up paint. As I was writing it up he feverishly kept slamming the window until it shattered. I then had to write up the broken window (trying not to bust out laughing). Made my day! After I left I realized I didn't get any pictures and had to worry if this guy was going to blame me. (he was a real douche bag)

[waynesoper]

The owners are liable for your injuries if they have not disclosed defective windows in their home.

They invited you in to inspect and should have made you aware of the hazard.

[hausdok]

The owners are liable for your injuries if they have not disclosed defective windows in their home.

They invited you in to inspect and should have made you aware of the hazard.

I'm not entirely sure that "invited" is the correct term to use; "reluctantly acquiesced" or "grudgingly allowed" is probably more like it.

ONE TEAM - ONE FIGHT!!!

Mike