Landlord Didn't Install Window Guards

Tenant sued landlord for negligence after her child fell from the window of her second-floor apartment. Although two of her living-room windows had window guards when she moved in, landlord never installed any on the other four windows. The court ruled for tenant, without a trial. Tenant proved that her child was less than 10 years old, that landlord knew the child lived in the apartment, that the building was a multiple dwelling owned by landlord, that the window the child fell from wasn't a fire escape window and was above the first floor, and that landlord never installed a window guard in that window. Under the New York City window guard law, landlord had absolute responsibility for the child's injuries.

Askar v. Karim: NYLJ, p. 32, col. 3 (8/16/99) (Sup. Ct. Kings; Goldberg, J)