Window Slammed Shut on Tenant

August 31, 1998

LVT Number: 12594

Tenant sued landlord NYCHA for negligence after being injured in the building. When tenant was 11 years old, she lifted herself up and stuck her head out an open window on the second-floor stairwell. She claimed that the window slammed shut when the wind blew outside and struck her head. Landlord showed that the window in question had properly attached window guards and that a set of horizontal safety bars stood in front of the window casing. The appeals court ruled against tenant and dismissed the case. There was no proof that the window was improperly designed or installed.

Tenant sued landlord NYCHA for negligence after being injured in the building. When tenant was 11 years old, she lifted herself up and stuck her head out an open window on the second-floor stairwell. She claimed that the window slammed shut when the wind blew outside and struck her head. Landlord showed that the window in question had properly attached window guards and that a set of horizontal safety bars stood in front of the window casing. The appeals court ruled against tenant and dismissed the case. There was no proof that the window was improperly designed or installed. The accident also wasn't the result of a foreseeable condition that landlord should have prevented.

Torres v. City of New York: NYLJ, p. 21, col. 1 (8/27/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Gonzalez, JJ)

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