Parents Say Their Mott Haven Apartment Lacked Window Guards Before Their 2-Year-Old Fell Through a Gap Beside an Air Conditioner
BRONX, NEW YORK (November 7, 2026) – A 2-year-old girl was killed in a window fall accident at an apartment building near East 138th Street and St. Ann’s Avenue in the Bronx.
Bronx County officials are saying that the fall occurred just before 11:00 p.m. on Tuesday. The toddler was at home in her family’s fifth-floor apartment in Mott Haven when, according to police sources, she may have climbed through a gap between a window divider and an air conditioner.
The child’s mother had reportedly seen on a baby monitor that her daughter was no longer present in the room. Paramedics were called to the scene of the accident to help the injured child.
The girl was transported to Harlem Hospital in critical condition. Sadly, she was later pronounced deceased at the hospital.
Liability for Bronx Window Fall Accidents
New York City places the duty to prevent child window falls squarely on building owners. Under Administrative Code § 27-2043.1, owners of multiple dwellings must provide, install, and maintain approved window guards on every window of a unit where a child 10 or younger lives, and failing to do so is a Class C immediately hazardous violation. Failing to install window guards in any unit where a small child is present could be construed as negligence. These types of cases will typically turn on several factors.
- Owner Notice: It is important to determine whether property owners had notice that a child was in the unit where the accident occurred.
- Window Guards: Window guards must be installed with tamper-resistant hardware that cannot be easily removed.
- Air Conditioners: Any air conditioner in an apartment unit must be permanently secured.
- Ongoing Maintenance: Owners also have a duty to inspect and maintain windows and air-conditioning units over time.
Falls remain one of the leading causes of preventable injury and death for young children across the United States. This is particularly true for toddlers. This is why it is so critical that apartment units have window guards and other safety measures that are designed to prevent falls. The family of any child killed in a window fall accident is protected by a number of laws. They are able to seek some measure of accountability and justice through a wrongful death claim.
Investigating Window Fall Accidents in the Bronx
We at GLK Law offer our deepest condolences to the family of the 2-year-old girl who died in Mott Haven. We hope this loss leads to accountability and to real enforcement of the window guard rules meant to protect young children in Bronx apartments. Children should not be needlessly put at risk by property owners that failed to enforce basic safety measures.
Do you need more information about a Bronx window fall accident? Our team of accident investigators is here to support you. We care deeply that victims are aware of their rights and that those rights are being protected through skilled advocacy. Whether you just have legal questions or need any other type of assistance, we are here to serve your needs. You are always welcome to contact us anytime at (516) 908-9792.
