Tenant's Son Fell from Fire Escape

December 1, 2005

LVT Number: 18494

Tenant's brother sued landlord for negligence after tenant's 19-month-old child fell from a fire escape outside the apartment window. He claimed that landlord didn't provide window guards. Landlord asked the court to dismiss the case without a trial. N.Y.C. Health Code §131.15(a) requires landlords to install window guards in windows of an apartment where a child 10 years old or younger lives. However, the Health Code states that the window guard requirement doesn't apply to windows that give access to fire escapes. The court ruled against landlord.

Tenant's brother sued landlord for negligence after tenant's 19-month-old child fell from a fire escape outside the apartment window. He claimed that landlord didn't provide window guards. Landlord asked the court to dismiss the case without a trial. N.Y.C. Health Code §131.15(a) requires landlords to install window guards in windows of an apartment where a child 10 years old or younger lives. However, the Health Code states that the window guard requirement doesn't apply to windows that give access to fire escapes. The court ruled against landlord. Landlord still was required to maintain the building in a reasonably safe condition. There were questions of fact as to whether landlord did so. The case was sent back for trial.

Duckette v. Neighborhood Lenox Ave. LLC: NYLJ, 11/30/05, p. 19, col. 3 (Sup. Ct. Kings; Schack, J)

Topics

More like this