Legal Question in Construction Law in California

It depends on whether or not the contractor breached a duty of care. For example if the windows the owner picked were not suitable or safe for the location, the owner can claim that an experienced contractor should have known this and just accepting the owner's choice without warning of the danger was a breach of the contractor's duty of care. If the owner's choice violated building codes, the contractor would clearly have breached a duty to advise the owner that the windows were not suitable. There might also be an argument to be made that if the contractor failed to pull permits or have the building inspectors inspect the installation then the contractor is liable for anything that the building inspectors would have advised was unsafe or not to code. But if the contractor installed everything properly, to code and with permits and inspections, and had no reason to know or believe the choice was unsafe, then it would be very hard for the owner to pin the accident on the contractor. Unfortunately that doesn't always mean the owner won't try. That's why smart contractors keep their CGL insurance in force and let the insurance company deal with it.

I agree with the preceding answer, and I'd add that if a contractor is sued under these or similar circumstances, (a) failure to respond to and defend the lawsuit would likely result in losing by default, whether or not legally right; (b) a well-prepared and well-handled defense should result in the contractor being found not liable; and (c) if the contractor is insured as he should be, the insurance company should handle the defense at its cost, minus the deductible (or "self-insured retention").

I also agree with both of my colleagues. As long as you weren't so how negligent in what you did you should prevail. Perhaps the parents were negligent in their supervision of their child too.

This is one of the reasons why you need to keep your CGL insurance in force, so you can let your carrier worry about it rather than you.

Hope this helps and good luck in the new year.