INADEQUATE WINDOW GUARD MAY BE RESPONSIBLE FOR TRAGIC ACCIDENT BRONX, NEW YORK (July 6, 2016)
A 5-year-old child was seriously injured after falling 5 stories threw a window at an apartment building on Bristol Street, according to CBS News. (map) Reporters have been able to identify the boy that was injured as James Frierson. The accident happened on Tuesday in the Crotona Park East section of the Bronx. This comes just two days after a three-year-old fell to his death at an apartment complex in Harlem. Investigators indicated that there were window guards properly in place at the apartment where the boy fell. Yet, somehow, the boy was able to fit through the open window. The window guard that James fell threw was subsequently replaced with a taller guard in order to prevent a similar accident. The boy is currently listed in stable condition at NewYork-Presbyterian/Columbia University Medical Center. There may be liability on the part of the building owner if inadequate window guards were installed in the boy’s apartment. According to Title 24: Department of Health and Mental Hygiene, window guards on sliding windows must have solid metal blocks attached to the window which prevent the window from opening more than 4 1/2 inches from the guard. The relevant passage reads as follows: (1) Sliding windows. A solid metal block, measuring at least one half the depth of the window track and one half the width, shall be securely fastened by two (2) screws into the bottom window track, and a solid metal block or an “L” shaped metal stop shall be securely fastened* by two (2) screws into the upper window track, to prevent the window from opening more than 4 1/2 inches. Had the proper window guard and stopping blocks been in place this tragedy may never have happened. This is just one of the things that investigators will need to look at.
HELPING THOSE IN NEED BY RAISING AWARENESS
At the RMFW Law Firm we believe in giving back to the community and helping those who are in need. If you or someone that you know has been affected by this accident, we will gladly help raise awareness of any gofundme campaign set up to support the victim or their family. We can link to it in this post which is then spread across our social media platforms. You can send your request to: gofundmerequest@gmail.com. Our staff at the RMFW Law Firm were deeply saddened to learn about this terrible accident. It is an absolute relief that James is alive and recovering from his injuries. Many children do not survive falls from similar heights. Our thoughts and prayers are with the family as they work with their child down the long road to recovery. It is outrageous that the building management thinks that it can make things right for this family by installing a taller window guard after an accident has already taken place. Who knows how many other children are at risk in the same building by window guards that don’t meet safety standards? If there is any guidance at all that we can provide for the family of this accident as they work to secure their legal rights, our phones are always on 212-344-1000.