Woman Falls Out Bedroom Window While Sleeping & It's All the Apartment Building's Fault

windowIf you're a light sleeper, this story might be a tough one to wrap your head around: A 23-year-old Oregon woman is suing her apartment complex for not having window guards because she fell asleep and rolled out of her third-story window, which was right next to her bed. Ouch!


Shelbi Macholz fractured her pelvis, tailbone, and back when she took her surprise mid-nap plunge last year, and now she's seeking $230,000 in damages ($80,000 for her medical damages and an additional $150,000 for pain and suffering). She claims that the apartment complex failed "to warn her of the latent danger of fully opening a window on the third floor of an apartment building" (and, presumably, of putting her bed directly next to that open window and falling into a ridiculously deep sleep).

Okay, listen. I have absolutely no doubt that Macholz suffered quite a bit when she fell three stories and broke multiple bones -- in fact, her suffering was probably so great that $150K seems like a relatively low price tag to put on it. (And besides the pain, can you even imagine how bizarre it must have been to wake up mid-fall?! Unless she didn't wake up until she hit the ground. I'm not sure how deep of a sleeper this woman really is. But it would have sucked pretty bad either way.)

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The thing is, though, I'm not sure the apartment complex is really to blame here (unless they were required by law to put window guards in all windows, but that doesn't seem to be the case). Macholz is an adult, after all, not a child. I'm not trying to be insensitive here, but one would expect a woman in her 20s to have figured out that sleeping next to an open window (with no screen, I guess?) on the third floor is probably a bad idea. Particularly if you sleep like the dead, which this woman clearly does.

At least if she gets the money she'll be able to buy all the window guards she wants (and apparently really, really needs).


Image via Andrew Reilly/Flickr

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