As the weather gets warmer in New York City, we see more incidents of children falling from windows that are open. These incidents can be prevented if window guards are installed. In New York City, landlords (building owners) are required to provide and install them in apartments where a children 10 or younger lives. We often see landlords (building owners) failing to comply with this law in private buildings as well as those operated by the New York City Housing Authority (NYCHA) or “the Projects.”
How Window Guards Have Saved Lives
New York City health officials say the city’s window guard rule, which requires building owners to install window guards, has led to dramatic reduction in injuries and fatalities. Before the rule was adopted in 1976, dozens of young children would fall from windows as they were propped open in the warmer months, officials said.
A Reuters report states that a city study in 1971 found that 201 children fell to their death between 1965 and 1969 during the warm months (May-September). Of these 123 deaths or 61% were falls from windows. A large number of those incidents occurred in low-income neighborhoods with poor housing quality in the Bronx and Manhattan.
Reuters reports that in 1972, the NYC Health Department launched a pilot program in the Bronx to distribute free window guards, record window falls and increase awareness about this safety issue through radio and television ads. Following this campaign, window falls decreased by about 40% and the program expanded citywide through 1975. The city’s window guard rule went into effect in 1976.
Window falls declined from 217 in 1976 to nine in 2016 and window fall deaths decreased from 24 to two during this same period. Despite these drops, we still see an unacceptable number of window falls and fatalities relating to children falling from windows in New York City, primarily because of negligence (carelessness) on the part of property owners, managers and other responsible parties.
Complying with the Law
Homeowners in New York City have a responsibility to ensure that window guards are properly installed. Local authorities can issue violations for failure to install window guards. City law also requires building owners and property managers to send an annual notice to tenants of multiple dwellings to determine if window guards are required.
Property owners/managers must provide and install approved guards on all windows including first floor bathrooms and windows leading onto a balcony or terrace in an apartment where a child 10 years of age or younger resides, and in each common area window, if any, in such buildings. If a landlord (building owner) refuses to install window guards, New Yorkers can call 311 and the Department of Health will make sure the landlord (building owner) complies. Window guards approved by the Health Department must be properly installed according to specifications in all windows, including bathroom windows, except any window providing access to fire escapes. If a property owner 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.
Premises Liability Issues
There are several parties who may be held liable for falls from windows. Building owners who have a responsibility to install proper 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.
Injured victims in such cases can seek compensation for damages including, but not limited to, medical expenses, hospitalization, rehabilitation, permanent injuries, lost earnings and benefits, 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, 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.
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Source: https://www.reuters.com/article/us-health-children-window-guards/new-york-citys-window-guard-policy-tied-to-fewer-falls-and-deaths-idUSKBN1HX2VC