Investigators in the Bronx are still trying to piece together the circumstances that led to a 10-year-old girl falling from her apartment building and suffering fatal injuries. According to news reports, the incident occurred the evening of Sept. 12 outside a Bronx Building on Southern Boulevard and East 182nd Street. Police say the girl may have been alone in the apartment at the time. CBS News reports that the girl’s mother had left for an appointment and found her daughter lying in the courtyard when she returned.
Police believe the girl might have fallen from a window in the apartment. At some point, the girl’s parents took her to the hospital where she was pronounced dead. The medical examiner has yet to determine an official cause of death. The building management company is cooperating with the NYPD in the investigation, CBS reports. Our thoughts and prayers are with the family of this child. We offer our deepest condolences for their terrible loss.
Falls from Windows Can Be Catastrophic
Falls from windows can result in severe and life-threatening injuries, particularly for young children. Common injuries include traumatic brain injuries (TBI), fractures, spinal injuries, and internal bleeding. The height of the fall significantly affects the severity of the injury, with higher falls leading to more catastrophic outcomes. Head injuries are particularly dangerous, as they can cause permanent cognitive impairment or death.
Spinal injuries from window falls can lead to paralysis, depending on the extent of the damage. Broken bones, especially in the arms, legs, and ribs, are common, and internal organ damage may occur due to the impact of the fall. These injuries often require extensive medical treatment, including surgery, rehabilitation, and long-term care. Window guard laws are enforced in many urban areas to prevent these types of accidents. Properly installed guards or stops can prevent children from opening windows too wide, thus reducing the risk of falls.
NYC’s Laws Relating to Window Guards
New York City’s window guard laws are designed to prevent accidents, particularly among children, by requiring the installation of window guards in certain residential buildings. According to these laws, property owners/managers must install window guards in apartments where children aged 10 or younger reside and in units where tenants request them. These guards must also be placed in windows in public areas such as hallways.
The NYC Department of Health oversees the enforcement of these laws. Property owners/managers are responsible for providing and properly maintaining the window guards, which must meet specific safety standards. They are required to distribute annual notices to tenants about window guard regulations, and tenants are obliged to respond with their needs. Failure to comply with these laws can result in significant fines for property owners/managers.
This law applies to all buildings with three or more apartments. The goal is to protect children from accidental falls, a common hazard in densely populated areas like New York City, where many families live in high-rise buildings.
Property Owner/Manager Liability
Under general negligence principles, property owners/managers owe a duty of care to those legally on their property. If an owner or manager breaches this duty by failing to maintain safe conditions, they can be held liable for resulting injuries. In premises liability cases, the injured party must prove that the property owner/manager knew or should have known about the hazardous condition and failed to take appropriate action.
In residential settings, falls from windows often involve children, making window safety a critical concern. Property owners and managers must adhere to specific regulations, such as installing window guards in units where young children live. Additionally, property owners/managers must ensure that windows are in good working order, with functional locks and screens to prevent accidents.
Compensation for Victims
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.
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, and also fight hard to recover just compensation for you. Our firm recovered $1,100,000 as a total payout for a child who fell from a window. The landlord (building owner) in that case had not installed a window guard as required under the law. 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, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy 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.
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Source: https://www.cbsnews.com/newyork/news/10-year-old-girl-dies-falls-from-bronx-building/