An Oregon State University student fell out of bed last year and landed on the pavement three stories below. Now, she is suing the apartment complex where it happened.
Shelbi Macholz fractured her pelvis, tailbone and lower back when she fell out of her boyfriend’s bed and through an open window on the third floor, the Daily Mail reported.
Macholz, who was 22 at the time of the incident, filed a lawsuit on Monday in Lane County Circuit Court. The injured woman is suing Principle Property Management, the company who owns the building, for $230,000: $80,000 for medical expenses and $150,000 for pain and suffering.
According to the suit, Macholz claims that Principle Property Management should have warned tenants that fully opening the window creates a “latent danger” and that the company should have installed something such as window bars to prevent falls, reported the Register-Guard.
The management firm “knew or should have known of its duties to protect tenants and their guests from conditions that create an unreasonable risk of harm,” according to the lawsuit.
The document states that on July 27, 2014, Macholz, a psychology major at OSU, fell asleep in her boyfriend’s bed, which was near an open window. While sleeping, Macholz somehow tumbled out of that window.
Police were called to the apartment complex on Southwest A Avenue at 4:48 a.m., where they found Macholz on the ground, suffering from severe back pain and largely unable to breathe.
Macholz was rushed to Good Samaritan Medical Center in Corvallis, Oregon, and then to Legacy Emanuel Medical Center in Portland, Oregon, according to the Daily Mail. She had to have surgery for her injuries that left her recovering in a wheelchair.
Most victims who fall out of windows are under 6 years of age, making this lawsuit a unique one. When adults fall out of windows, it is almost always attributed to sleepwalking.
Neither Macholz or Principle Property Management have commented on the lawsuit.