In New York apartment buildings, window falls involving children are not accidents. These tragedies occur when required safety protections are missing, defective, or ignored.
New York law places the responsibility for preventing these falls on landlords and property owners. When that responsibility is not met, they are held accountable.
If your child was injured in a window fall, here is what you need to know.
What New York Law Requires of Landlords and Property Owners
New York City building codes require landlords to install window guards in every apartment where a child aged ten or under lives. Under Administrative Code §27-2043.1, landlords must also provide window guards upon request, regardless of whether a child is present.
It’s important to note that a window guard is a specific safety device required by law. In contrast, a window screen does not meet that requirement.
Separate from these rules, New York premises liability law requires landlords to maintain safe living conditions. When required protections are missing or not maintained, that is a failure of legal duty.
Who Can Be Held Responsible
Liability in a window fall case extends beyond a single party.
Depending on the facts, responsibility may include:
- The building owner
- The property management company
- The landlord, if different from the owner
- Contractors or maintenance companies that failed to properly install or repair safety devices
Identifying every responsible party is critical to pursuing your full compensation.
What Injured Families Need to Prove
To hold a landlord or property manager accountable, four elements must be established.
Duty of Care
Landlords are required to maintain a reasonably safe living environment. In New York City, that includes installing and maintaining window guards where required.
Breach of Duty
A breach occurs when required safety measures are not taken. This includes missing window guards, broken devices that were not repaired, or known hazards left unaddressed.
Causation
The absence or failure of a window guard creates the condition that allows a fall to occur. When that failure leads directly to injury, causation is established.
Damages
Unfortunately, window fall injuries are often severe and can include traumatic brain injury, skull fractures, spinal damage, and long-term developmental harm. The impact extends well beyond initial medical treatment.
What Compensation Is Available to Injured Families
The true consequences of a window fall can extend well beyond a hospital discharge. You have the right to pursue compensation that reflects the full scope of harm.
Economic Damages
This includes the cost of emergency care, hospitalization, surgery, and ongoing treatment such as neurological care, therapy, and adaptive support. Lost income for parents providing care may also be recoverable.
Non-Economic Damages
These damages account for pain and suffering, emotional distress, loss of normal development, and permanent disability or disfigurement.
Wrongful Death Damages
If a child dies in a window fall, families may pursue compensation for funeral expenses, loss of the child’s future, and the lasting impact of that loss. In New York, wrongful death claims must be filed within two years from the date of death.
Deadlines and What Makes Child Injury Cases Different
In New York, most personal injury claims must be filed within three years of the incident. For children, that timeline may be extended, with the statute of limitations tolled until the child turns eighteen.
If you’ve lost a child, please remember that wrongful death claims are treated differently: they have a two-year deadline from the date of death.
Holding Negligent Landlords Accountable for Window Fall Injuries
Window falls in apartment buildings are preventable. When landlords fail to install or maintain required safety devices, they are responsible for the harm that follows.
Morelli Law Firm represents families harmed by landlord negligence across New York. If required safety protections were not in place and your child was injured or worse, our attorneys will investigate the facts, identify every responsible party, and pursue the full compensation the law allows. Put your case in the right hands: Morelli Law Firm has recovered billions for our clients, and we are ready to work just as hard for you.
