A 2-year-old boy suffered serious injuries after he fell from the second-story window of his home in Valley Stream, Long Island. According to News12, the incident occurred late night on May 26 on Ivanhoe Place. Police say the child climbed in the stairwell of his home and fell two stories from the window shortly afterward. He landed on the cement driveway below.
Two Incidents Over Three Days
The boy’s family was having an evening meal during their Ramadan observances when the child climbed through the window. The child’s uncle said it all happened very quickly. The boy was rushed to a local hospital with head trauma and has been listed in serious condition.
This was the second incident involving a toddler falling out a window over the weekend. On May 24, a 3-year-old boy fell three stories from a window in Jersey City. According to an NBC news report, the screen on the third-floor window had fallen out suggesting that the boy had been leaning on it and fell right through. He hit the pavement three floors below. He was transported to a local hospital where he is said to be in stable condition.
Falls from Windows
Statistics consistently show that falls from windows increase significantly during the spring and summer months. These types of incidents typically occur when young children push themselves against window screens or climb onto furniture located next to an open window. According to the U.S. Consumer Product Safety Commission (CPSC), falls from windows result in an average of about eight deaths annually to children 5 years of age or younger.
An estimated 3,300, children aged 5 and younger, are treated each year in U.S. hospital emergency departments. In a 2011 study published in the journal Pediatrics, researchers at the Nationwide Children’s Hospital found that children aged 4 and younger account for 65 percent of hospitalizations for such falls, with head and neck injuries resulting from half of the mishaps. Falls from windows may result in major injuries including traumatic brain injuries, spinal cord damage, multiple broken bones, internal organ damage etc. These types of injuries are often catastrophic, which means they result in lifelong disabilities and impairments.
What Does the Law Say?
Under New York City’s Health Code (S. 131.15), owners of multiple dwellings in New York City must provide, install, and maintain window guards when children 10 years or younger live there. Tenants with no children, or none living at home, may also request and receive window guards if they want them for any reason. Window guards approved by the NYC Department of Health (DOH) must be properly installed according to DOH specifications in all windows, including bathroom windows, except any window providing access to fire escapes. If a property owner and/or property manager is negligent (careless) in this regard, he or she can be held financially responsible for any accidents or injuries that occur due to the lack of a window guard.
Compensation for NYC Fall Victims
In instances where injuries or fatalities occur due to a lack of window guards or the absence of protective features required under city code, victims or families of deceased victims can file a premises liability claim against the at-fault parties including, but not limited to, the landlord, property owner, property manager, etc. Property owners and/or property managers are responsible for maintaining their properties and ensuring that they are safe for tenants, visitors and guests. Building owners can be held accountable for accidents that occur on their premises.
Injured victims and their families can seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, hospitalization, cost of rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. If you or a loved one has been injured due to a fall, the experienced New York personal injury attorneys at 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 out of a window. The landlord in that case did not install 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 and 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.
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