Rosenbaum & Rosenbaum, P.C. | October 26, 2011 | Premises Liability
A teenage boy fell to his death late last month at a Bronx apartment complex near the Cross Bronx Expressway. Several factors indicate that a wrongful death lawsuit might come as a result of the fatal accident, which happened when the teenager apparently slipped and fell while hanging curtains in his fifth floor apartment. A police officer on the scene stated that “it was a pretty bad fall.”
The 14-year-old seems to have been standing on a chair when he lost his balance and tumbled out of the window, which did not have bars on it. The boy narrowly missed a fence and a branch partially broke his fall. He landed on a patch of grass outside the Townsend Avenue building. Although efforts were made to revive him, tragically, the boy’s injuries were too severe.
New York’s premises liability laws state that property owners (or those in possession of the property) have a legal obligation to make sure the property is safe. According to the Window Guard Regulations of the City of New York, window guards are mandatory in all city apartments where a child under the age of 10 resides in the apartment. Though this victim was 14, it is not known whether a child under the age of 10 lived in the apartment. If so, the landlord could face liability for failure to properly install protective window guards.
This incident will certainly undergo a full investigation to determine the relevant facts and circumstances surrounding the tragic accident. However, it’s possible that the family members of the deceased boy may have grounds for a wrongful death claim against the owners or landlord of the apartment complex. A Bronx attorney who has experience in personal injury, wrongful death and premises liability cases may help answer important questions and assist in holding negligent parties accountable. Even though money will come nowhere close to erasing a terrible loss of life, the families of those who are killed due to another’s negligence deserve to see justice served on behalf of their loved one.
Source: Gothamist, “Teen Fatally Falls From Apartment Window In Curtain Hanging Accident,” Oct. 1, 2011