A 4-year-old boy is recovering from surgery after falling from the fifth-floor window of an apartment unit in Flatbush, Brooklyn. According to a WABC news report, the incident occurred the night of July 30 at a six-story apartment building on 131 E. 21st Street. Police said the child was playing with the side panels of an air conditioning unit when he pushed on it and fell out of the window. He was transported to a local hospital in critical but stable condition.
Officials said the boy climbed out of his crib and pushed away items blocking the air-conditioning unit to access it. Residents of the building said it is a “miracle” that the boy survived this 50-foot fall onto the concrete below. Both of his parents were home at the time, police said.
Falls from Windows Are a Serious Safety Concern
Falls from windows are a serious safety concern for children in New York City and nationwide. According to the American Academy of Pediatrics, about 3,300 children aged 5 and under are treated each year in U.S. emergency rooms due to falls from windows. New York City sees numerous cases of children falling from windows each year. Data from the New York City Department of Health indicates that hundreds of children have fallen from windows over the past few decades, with many incidents leading to severe injuries or fatalities.
New York City’s law requiring window guards in homes where children 10 years of age or younger reside, has significantly reduced the number of falls. Before the law’s implementation, the city averaged 100 to 150 window falls annually. After the law, the number of falls decreased by over 96%. In recent years, the city averages about 30 to 50 falls annually, according to various city reports.
NYC’s Window Guard Legislation
New York City’s Local Law 57, passed in 2011, is a critical piece of legislation aimed at improving window safety in residential buildings. This law mandates the installation of window guards in apartments where children 10 years of age or younger reside. Building owners/managers are required to ensure these safety devices are installed correctly and maintained to prevent accidental falls.
Local Law 57 builds on earlier regulations, enhancing the safety measures established by the Window Guard Law of 1976. It addresses various aspects, including the responsibility of landlords (building owners/managers) to notify tenants about the availability and necessity of window guards. The law requires building owners/managers to provide annual notices to tenants, informing them of the law and their right to request window guards. This proactive approach ensures that tenants are aware of the safety measures and can act to protect their children.
Local Law 57 also stipulates that window guards must be installed in all windows, including those in public areas such as hallways, if children 10 years of age or younger live in the building. This comprehensive coverage aims to minimize the risk of falls, regardless of the location within the building. The law also specifies standards for the installation and maintenance of window guards, ensuring they are effective and reliable.
Compensation for Victims
Under general negligence (carelessness) principles, property owners/managers owe a duty of care to those legally on their property. If a property owner/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 owner/manager knew or should have known about the hazardous condition and failed to take appropriate action.
Injured victims in such cases can seek compensation for damages including, but not limited to, medical expenses, hospitalization, rehabilitation, permanent injuries, lost earnings, 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://abc7ny.com/post/child-window-brooklyn-4-year-old-boy-recovering-after-falling-building-flatbush/15127236/