Landlord Not Responsible for Child's Fall from Window

Tenant sued landlord after her child fell out of a second-floor window of a house rented to tenant. The window had a chain lock, near the top of the window, which, when latched, prevented the window from opening. The child was unable to reach the lock without first climbing onto some object. Landlord asked the court to dismiss the case without a trial, claiming that she didn’t breach any duty imposed by law. Tenant admitted that the building wasn’t a multiple dwelling and therefore window guard requirements didn’t apply. But tenant argued that landlord had installed the chain lock improperly, and therefore was negligent. The court ruled against landlord, finding that a trial was needed on whether landlord was responsible. Landlord appealed and won. The record showed that the lock was in good working order, was installed properly, and that landlord did nothing to make existing conditions more hazardous. Landlord wasn’t responsible for the child’s injuries.

Kehoe v. City of New York: NYLJ, 6/8/10, p. 41, col. 4 (App. Div. 2 Dept.; Prudenti, PJ, Angiolillo, Balkin, Chambers, JJ)