A young boy suffered serious injuries after falling from a window in the sixth floor of a Bronx apartment building the afternoon of April 5. According to an NBC New York news report, the boy suffered two broken legs and damaged his kidney in the fall, but is expected to survive. Officials say he was very fortunate that he fell on a patch of grass that helped soften the blow. We are relieved that this child survived the fall and wish him the very best for a speedy and complete recovery.
Ongoing Investigation
The incident occurred at the Patterson Houses, a complex owned and operated by the New York City Housing Authority (NYCHA) (The Projects) on East 143rd Street in Mott Haven. Neighbors say the boy was conscious when he hit the ground, but was bleeding from his head. NBC reports that the window from which he fell had an air conditioning unit and there was a small space to the side of it that had a piece of blue cloth hanging in it with no window bars visible from the ground level.
Witnesses said that’s where the boy fell through. Both police and NYCHA have said they are investigating this incident. NYCHA issued a statement saying “window guards were present throughout the apartment where required and were last checked in February 2022,” and that “there are no repair work orders on record for the air conditioners present in the residence.”
What Do the Laws State?
New York City’s laws require building owners and property managers to install window guards if a child the age of 10 or younger lives there, or if the tenant or occupant requests window guards for any reason. Building owners and property owners are also required to install guards or limiting devices in public hallways and any other common areas in buildings where children the age 10 or younger live.
With many fall-from-window accidents happening, especially in apartment units that have window air-conditioners, it is important to understand the specific city laws relating to how these window units are to be installed. Under city law, window frames must be sturdy and well-maintained. Only tamper-resistant and one-way screws must be used to secure window guards and limiting devices. Window stops must be used in addition to window guards on double-hung windows that leave more than four-and-a-half inches of space when the windows are opened.
The law also requires that window air-conditioning units where a child the age of 10 or younger lives must be safely installed with tamper-resistant, one-way screws. The unit must be securely bolted to the window frame without leaving any open space greater than four-and-a-half inches. Installers should also use secure rigid metal panels on either side of the unit instead of (or in addition to) accordion vinyl panels that often come with the unit, if spaces are greater than four-and-a-half inches. These metal panels must be able to withstand 150 pounds of pressure without bending or breaking.
Premises Liability Issues
There are several parties who may be held liable for falls from windows. In cases involving air-conditioning units, the company that installed the unit can be held liable if they did not comply with city code for the installation. Building owners/managers who have a responsibility to install approved guards can be held liable for their failure to do so. Owners of apartments, condos, hotels and homes can be held accountable for accidents that occur on their premises. When such an accident occurs due to a defective window, screen or guard, the manufacturer, distributor or seller of a window, screen or guard can also be held accountable.
Whether you have been living as a tenant at a private apartment complex or in a public housing unit (the Projects), please remember that you have legal rights and can file a personal injury lawsuit against the NYCHA (the Projects) or private landlords (building owners) and building managers. Injured victims in such cases can seek compensation for damages including, but not limited to, medical expenses, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. If you have lost a loved one in such an accident, you may also be able to pursue a wrongful death claim against the at-fault parties.
Compensation for Victims
If your child has suffered fall-related injuries due to someone else’s negligence, the experienced New York personal injury attorneys with the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options. Our firm recovered $1,100,000 as a total payout for a child who fell from a window. The landlord (building owner) in that incident had not installed a window guard as required under the law.
For over 50 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and/or medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: https://www.nbcnewyork.com/news/local/4-year-old-fractures-both-legs-damages-kidney-in-fall-from-6th-floor-nyc-window/3634043/