A two-year-old girl was seriously injured in an apartment accident in Queens earlier this month. The young girl somehow fell out the second-story window of an apartment and tumbled twenty feet to the ground below. Had she landed on the pavement below, she may have been killed instantly but, thankfully, she landed on a padded wooden doormat. It was just enough to break some of the momentum of her fall and likely saved her life. EMT’s rushed the little girl to a nearby hospital where she was held for observation to ensure she wasn’t suffering from unnoticed internal injuries or traumatic brain injury.
Reports show that there wasn’t any sort of protection on the window (no child locks, screen, or window guards). That’s a very serious safety violation in an apartment that’s home to a young toddler. While the specific details of this case have yet to be made public, the landlords responsible for the property involved will have to explain why there was nothing to prevent this child from falling out the window.
Under New York City premises liability law landlords/property owners have a responsibility to reasonably protect residents and visitors. If they fail in that duty, they can be held financially responsible for the repercussions of their actions or inaction.
However, victims trying to prove that their landlord was acting in a negligent fashion can be difficult. It requires significant time and effort to investigate the apartment accident in New York City. Photographs of the window should be taken as soon as possible and maintenance and repair records must be obtained and reviewed in addition to complaints that may have been have been filed concerning the same issue. This is what an experienced and competent attorney would do.
If you or your child has been injured because your landlord failed to safely guard the window or maintain the building, contact an experienced apartment accident lawyer in New York City today. Call the Law Offices of Nussin S. Fogel at 800-734-9338 or 212-385-1122 right now.