A 4-year-old boy was critically injured after he fell from a 10th floor balcony in a building at 1500 Noble Ave. in the Bronx. According to a report in the New York Post, the incident occurred the afternoon of July 24. Police said the boy accidentally fell. The child who landed on or near a tree behind the building was unconscious, a girl who witnessed the horrific incident said.
A neighbor saw the child being loaded into an ambulance and a “frantic” woman standing near the vehicle, which rushed the boy to a local hospital. Our thoughts and prayers are with this injured child. We wish him the very best for a speedy and full recovery.
What Causes Balcony Falls?
Falls from windows, balconies or terraces are sadly common in New York City.
Children are at a greater risk of falling from a window, a balcony or terrace. Property owners, managers and contractors, etc. are responsible for the safety of these structures and have a duty to ensure that they are constructed in a manner that adheres to safety standards and prevents injuries to all users.
A fall from a balcony may occur due to the following reasons:
• Faulty construction of a railing or barrier, which could make them unstable.
• Lack of proper spacing between railing supports or lack of a solid barrier made of glass, metal, wood or stone.
• Improper maintenance of the railing, which could lead to a compromised or unstable barrier.
• Use of improper materials to construct any part of the balcony or terrace, which could make it structurally unsafe.
• Failure by a property owner or property manager to warn tenants or potential users about the known hazards.
Each year, young children are either severely injured or killed in falls from unsafe windows or balconies. These are certainly preventable deaths and injuries. In New York City, homeowners and property managers have a responsibility to ensure that window guards are installed correctly. Local authorities can issue violations for a failure to install proper window guards.
The window guard law also requires owners and managers to send an annual notice to tenants of multiple dwellings to determine if window guards are required. Property owners/managers must provide and properly install approved guards on all windows including first floor bathrooms and windows leading onto a balcony or terrace in an apartment where a child the age of 10 or under resides, and in each common area window, if any, in such buildings.
Premises Liability Issues
There are several parties who may be held liable for falls from windows. 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.
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 in that case had not installed a window guard as required under the law.
For nearly 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 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://nypost.com/2021/07/24/bronx-4-year-old-boy-critically-injured-after-fall-from-balcony/