A 3-year-old boy died from his injuries after falling from the 29th floor balcony of a New York City apartment building the morning of July 2. According to an ABC News report, officers found the injured toddler lying on a third floor scaffolding after getting a 911 call. The boy was transported to a nearby hospital where he was pronounced dead.
Child Got Out Through a Window
A police spokesperson said the child exited through a window. But, officials are
not exactly sure how that occurred. The apartment is located in the Taino Towers residential complex in Harlem. Police said the child’s death is under active investigation and that they are speaking with two individuals, identified by some media outlets as the child’s parents.
Neighbors said they heard a loud noise as the child fell on to the scaffolding and the child’s mother screaming. Neighbors also described a frantic, emotional scene as police and residents attempted to reach the child. Our heartfelt condolences go out to the child’s family members for their tragic loss. They will be in our thoughts and prayers.
Laws Relating to Window Safety
New York City has laws in place to prevent these types of tragic fall-from-window accidents. Under a city ordinance, building owners and property managers are required 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 managers who do not comply with this law can face fines. 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 of 10 or younger live.
Premises Liability Issues
There are several parties who may be held liable for falls from windows. In cases involving apartments with window 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 New York City Housing Authority (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 (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 (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. We 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 $2,000,000 in a hit-and-run accident, 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://abcnews.go.com/US/wireStory/year-boy-dies-fall-29th-floor-nyc-apartment-86125821