A two-year old child was rushed the hospital on January 13th suffering severe, life-threatening injuries after she fell out of a second-story window of a home in a Queens. EMTs arrived on the scene of the apartment accident in Queens to find the little one conscious and crying but bleeding from the face. She was taken to nearby Long Island Jewish Medical Center where she was listed as stable but in critical condition. While the infant is expected to make a full recovery, she will likely face lifelong disfiguring scars.
The grandfather of the girl spoke to reporters and said she was lying in bed at the time of the accident but somehow the screen was removed from the window. She fell an estimated 20 feet and landed on the hard concrete below. There were no window guards installed to prevent this very kind of mishap.
The NYPD is not expected to file any charges in the case. However, this does not mean there is not civil liability against the owner of the premises. Homeowners and landlords are required to keep their premises reasonably safe and are liable for an accident victim’s injuries if it is found that safety measures and devices were not in place or a known defect caused or contributed to the accident.
This injured child was in the company of family at the time of the fall. If a similar accident happened either in an apartment or when child was in the care a daycare center or school, the parents on behalf of the injured child can sue for negligence and recover money damages for the child’s pain and suffering and unpaid medical expenses.
If your child has been injured by a building defect or while under the care of another, your child may be entitled to compensation.