Child Injured In Charolotte Gardens, Bronx Apartment Window Fall Accident On Vyse Avenue
THE BRONX, NEW YORK CITY (October 15, 2021) – A 5-year-old child was injured in an accident after falling from a three story window in a Bronx apartment on Vyse Avenue.
New York City police officials are saying that the accident took place around 10:30 p.m. on Thursday, October 14th. A 5-year-old fell threw a window and landed three stories below.
Firefighters and paramedics were called to the scene of the accident in order to help the child. They were treated for a head laceration before being taken to the hospital.
This accident comes less than one week after three-year-old Daniel Galeas died when he fell three stories from a Harlem apartment window. Family members of the boy told reporters that the apartment management did not properly secure the AC unit prior to the fatal accident.
A full investigation into this accident remains ongoing at this time.
Liability In New York City Apartment Window Fall Accidents
Falls are one of the leading causes of serious injury and death for small children. According to one report from the Stanford Children’s Hospital, over 2.2 million children are sent to the emergency room every year due to fall related injuries. The American Academy of Pediatrics reports that nearly 5,000 children are injured after falling through windows. In particular, window falls account for nearly 100 deaths per year. Children under 10 years old are at the greatest risk of being injured in a window fall. Victims of window falls tend to suffer very serious and costly injuries including:
- Spinal injuries
- Dislocated shoulders
- Traumatic brain injuries
- Broken ribs
- Torn tendons
Depending on the unique facts of any accident, there could be numerous sources of liability for an accident if a child falls through a window. All property owners in New York have a legal responsibility to maintain their premises in a reasonably safe condition. This must be done for the benefit of all persons whose presence on a property is reasonably foreseeable. When a property owner has actual or constructive notice of a dangerous condition on their property they must take steps to remedy the dangerous condition.
Building owners have additional responsibilities when children under 10 years of age live in one of their units. Far from being “freak occurrences,” falls from windows are highly preventable when building owners follow NYC safety codes and regulations. According to the Department of Housing Preservation and Development, “In all buildings with three or more apartments, New York City (NYC) law requires that building owners install window guards if a child age 10 years or younger lives there, or if the tenant or occupant requests window guards for any reason.” There are numerous stipulations that window guards must comply with.
- Window guards must be constructed from a rigid metal and stand at least 15 inches tall.
- The gap between window guards can not be more than 4.5 inches.
- The window frame holding the guard must be rigid and well-maintained.
- The window guard must be tamper resistant and installed with one-way screws.
When a building owner fails to install window guards and a child falls through the window, they could be liable in the event of an accident. Many accident victims may not realize the full extent of their injuries until months or years after an accident. This is especially true when a child sustains a traumatic brain injury. According to the National Center for Biotechnology Information, brain injuries pose a substantial risk of permanent disability for children. Long term follow up is often required to monitor for the presence of physical and intellectual disabilities.
The family of any child that is injured in a window fall accident may be able to seek justice through a bodily injury claim. Damages in a civil claim can help cover lost wages, past medical bills, future medical bills and pain and suffering. Sadly, however, building owners will often fight hard to deny responsibility for any accident. A New York City premises liability attorney can examine all of the facts of your case and let you know what your legal options are.
Investigating A New York City Apartment Window Fall Accident
We at Gersowitz Libo & Korek, P.C. extend our best wishes to the child and family involved in this Bronx accident. Any person that may have information about what happened should reach out to investigators. It is our sincere hope that measures are put in place to help prevent additional accidents like this. It is a wonderful miracle that this child survived. But the next child might not be so lucky.
This accident also raises a number of safety concerns. Were there window guards in place? In so, were those guards compliant with (NYC Administrative Code §27-2043.1)? Could this accident have been prevented? Most window falls involving children are totally preventable. Far too often, however, cost cutting measures are put in place which put residents and the public at risk.