A 3-year-old boy, who was just days from celebrating his fourth birthday, suffered a fatal fall out the window of an apartment in Harlem. According to a CBS New York news report, the boy was being homeschooled inside the apartment building with his siblings and cousins when the incident occurred.
Ongoing Investigation
Family members said the boy was jumping on the bed when he tripped and fell
through an opening on the left side of an air-conditioning unit that was not properly secured. The boy fell four stories and landed on a back courtyard. Paramedics rushed the boy to a local hospital, but he succumbed to his injuries.
The building’s super told CBS2 that the apartment was inspected two weeks ago with no issues. The Department of Buildings told the news station that it has “no relevant history” at the building. The investigation is ongoing as police are trying to determine who might be at fault for the air-conditioner installation and whether criminal charges are warranted. We offer our deepest condolences to the family of this child for their tragic and heartbreaking loss.
What New York City Laws Say
New York City law requires that building owners 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 who fail to comply with this law may face fines. Building owners must also install guards or limiting devices in public hallways and any other common areas in buildings where children the age of 10 or younger reside.
The city’s laws are also specific when it comes to installing window guards as well as air-conditioning units. 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 that may be held liable for falls from windows. Building owners/managers have a responsibility to install approved guards and 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. In cases involving air-conditioning units, the company that installed the unit can also be held liable if they did not comply with city code for the installation.
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 (carelessness), 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 (property owner) in that case had not installed a window guard as required under the law.
For 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://newyork.cbslocal.com/2021/10/09/child-out-window-harlem/