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Premises liability claim filed after child falls 3 stories

The parents of a child who fell through a window on the third story of an apartment block in another state are seeking $50,000 in damages. In New York and other states, owners of apartment complexes must ensure the safety of tenants and comply with state and federal construction regulations and building codes. This family tragically lost their 1-year-old son in June 2018, and have since filed a premises liability lawsuit claiming wrongful death.

According to the complaint, the incident happened at around 5:30 p.m. on that June day. The mother, who was in the room with the baby on the bed, said she stepped into another room for only a few seconds. That was enough time for the baby to crawl from the bed into the screened area of the window. The child fell to his death.

Among the defendants named in this lawsuit are the city, the vendor who supplied the windows and frames in the complex, the property owners and more. The parents allege that the fall prevention and locking mechanisms on the window were inadequate. Furthermore, they claim that the window guards and screens were also not of a quality that could prevent a small child from falling through the window.

The plaintiffs further claim that the defendants should have been aware that these inadequacies posed unreasonable risks, and this failure constitutes negligence. The defendants are accused of causing wrongful death and negligently inflicting emotional distress. In New York and elsewhere, anyone facing such tragic circumstances may have grounds to pursue claims for financial relief through the civil justice system. The support and guidance of an experienced premises liability attorney can be invaluable.

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