NYC Child Window Fall Attorney: “If a child falls, the landlord is liable” said Former NYC Health Department Head Charlotte Spiegel

In March of 2015, civic leader Charlotte Spiegel passed away. She led New York City’s life-saving window guard program as the director of the NYC Health Department. It was the first child window fall prevention program in the nation. Under her child window fall prevention program, reported falls declined by 50 percent from 1973 to 1975.  “If a child falls, the landlord is liable,” Ms. Spiegel said.

Child Window Fall Accidents in Numbers

Even though the reforms Ms. Spiegel ushered in came in the 1970s, child window falls still hurt and kill children every year.

The Journal of Pediatrics reported that nationally, between 1990-2008, almost 100,000 child window fall accidents sent children to the hospital.

Child Window Fall Accidents in the News

In 1991, a child window fall killed guitarist Eric Clapton’s four year old son. The boy fell out of an unguarded NYC window.

In May of 2015 in Brooklyn, a child window fall seriously injured a two year old girl. Neighbors said the child may have been reaching for a toy when the accident happened. A passerby, Ashley Giron, gave life-saving CPR to the child. The health department investigated the window guards but little information was released to the press about them.

In May of 2015, in Crown Heights Brooklyn, a child window fall killed a 21-month old boy. The window had no bars or gates.

In June of 2015, a New Rochelle building code violation led to a child window fall. A three-year old child crawled out of the open window and fell three stories into an alley. The child’s father was in another room of the apartment at the time.

In July of 2015, in Queens, New York, a four year old boy fell out of a first floor window onto a staircase.  He rolled down the stairs. Paramedics took the child to Elmhurt hospital. He was treated for serious injuries. Concerned neighbors said they felt sorry for the child and his parents.

In July, 2015, in Jamaica Queens, a six year old child fell two stories out of a window. She had to be taken to Long Island Jewish Hospital.

Child Window Fall Locations and Reasons

Child window fall injuries and deaths are a well-documented tragedy. According to a child safety organization SafeKids Worldwide, child window falls are a leading cause of non-fatal child injury.  38 percent of child window fall injuries are suffered by children four and under.  Child window falls are more common in cities and in low-income neighborhoods.

A 2005 study showed that 98 percent of child window falls were reported to be from the third floor or lower.  Most child window fall accidents happened in buildings with four or fewer stories. The most common injuries were fractures and head trauma.

Young children do not realize the danger of an open window. They explore, they crawl, they reach for toys and play things. They do not recognize the danger. They are also especially top-heavy. Their center of gravity is nearer to the chest. So when they lean out of a window, they topple.

Child Window Fall Prevention and Legal Responsibility

Child window falls are easy and inexpensive to prevent. Google searches show that window guards usually cost much less than $100. Many cost in the $30-50 range.

NYC’s strong laws keep it below the national average for child window fall injuries and deaths. Thanks to Ms. Spiegel, the NYC Heath code says that landlords with buildings of three or more apartments must install window guards where children younger than ten are living. Window guards prevent child window falls. It is the landlord’s job to find out if children live in the apartment. All windows in common areas must be guarded.  Anyone in the building can ask for window guards even if they do not have kids. For example, a concerned family member who frequently has grandkids visit can ask for window guards to be installed. The request may not be refused. Call 311 for help with window guards in NYC.

The window guard must meet specifications set  by law so that it does not fail, break, or allow a child to fall. It also must accommodate air conditioners.

Child Window Fall Law Enforcement

Child window fall death and injuries should not happen if landlords follow the law. Fisher Injury Lawyers, in NYC and nationally, enforce the child window fall prevention laws for grieving parents and children after child window fall accidents. Fisher Injury Lawyers will hold negligent landlords accountable for preventable child window fall injuries and fatalities.