Premises Liability

If you have a child under the age of 10 living with you in a building with three or more apartments, New York City law requires all building owners to install window guards. 

There has been a recent epidemic of accidents involving children falling from windows and sustaining severe and sometimes fatal injuries. These tragedies are fully preventable. Owners of buildings with three or more apartments are required by NYC Administrative Code §27-2043.1 to install window guards. Those who do not comply with this law risk receiving a violation subject to fines, and a heartbreaking accident on their hands.  

What Type Of Windows Require Guards?

Windows of all types, including screened windows, must have a window guard, except those

• leading to fire escapes
• serving as secondary exit windows in first-floor apartments, and
• windows in which air conditioner units are permanently installed

Building owners are further required to install and maintain NYC Health Department approved window guards in public hallways and other building common areas where children age 10 or younger reside.  

What Are Building Owners Required By Law To Provide To Their Tenants?

Building owners are required to send an Annual Notice to residents, inquiring whether children age 10 or younger live in the apartment. Individuals without children under the age of 10 are also entitled to request window guards for any reason. The Annual Notice is to be sent to residents in January of each year. With each new lease, building owners must inquire whether children live in the apartment by providing a Lease Notice to Tenant or Occupant.  

Who Is Responsible For The Cost Of Window Guards?

Building owners are required to purchase all window guards for common areas. Owners are permitted to charge a one-time fee per guard but cannot charge for those previously installed in the apartment. Further, window guard charges should not be included in the base rental price and cannot exceed $10 per window guard for rent-controlled or rent-stabilized apartments.  

What Should You Do If You Feel That Your Apartment Windows Are Unsafe For Your Child?

You can call 311 or file an online complaint to report any unguarded windows. In the event a child under the age of 16 falls from your apartment window, it is important to act quickly. Call 911 immediately and get the child all necessary medical care. All falls must be reported to the NYC Health Department within 24 hours of the incident. The premises liability attorneys at Friedman, Levy, Goldfarb & Green are here to support you through these tragedies, provide the legal expertise to establish liability, hold responsible parties accountable, and hopefully, to prevent future falls. Contact us for a free consultation to discuss the specifics of your case. 

New York City is facing an epidemic of children falling from windows. As of July 2023, at least six children have fallen from windows in the New York City area already this year. In April, two children fell from unguarded windows in unrelated incidents that occurred on the same day. Most recently, a 4-year-old child died after he fell from a window in Brooklyn. These falls have resulted in serious injuries and death to young children across the city. Ensuring that window air conditioning units are properly installed can prevent these tragic accidents.  

Responsibilities of the Building Owner

The New York City Department of Health has regulations in place regarding the installation of window air conditioning units. Building owners are required to permanently install window air conditioning units with one-way tamper-resistant screws in apartments where children 10 and under live. The AC unit must be permanently and securely bolted to the window frame and leave no open space greater than 4.5 inches. It is recommended that secure, rigid metal panels be placed on either side of an AC unit instead of, or in addition to, accordion vinyl panels. Metal panels must be able to withstand 150 pounds of pressure without bending or breaking.   

Tenant Responsibilities 

Tenants are responsible for informing building owners of children 10 and younger living in an apartment. Tenants must also complete the annual notice provided by landlords. The annual notice asks whether children 10 and younger live in a dwelling, or if window guards are requested for any reason.  

Safety Tips 

Once window guards or stopping devices are installed, do not alter or remove them. Likewise, do not leave children unsupervised in rooms with windows that lack such safety measures. To file a complaint regarding a building owner, tenants can call 311 and report violations to the New York City Department of Housing Preservation and Development.  

Has Your Loved One Been Injured in a Window Fall? We Can Help. 

The experienced premises liability lawyers at Friedman, Levy, Goldfarb & Green handle cases from New York City and the surrounding metro area. We have the resources and expertise to get you the compensation you deserve. You owe nothing unless we recover damages on your behalf.  Contact us for a free consultation.

The New York State Legislature plans to rename a portion of Route 45 after volunteer firefighter Jared Lloyd. He died fighting a fire at an assisted living home in Rockland County in March 2021. This tragedy underscores the importance of upholding integrity in local building inspections to keep citizens and first responders safe.

Jared Lloyd Gave His Life in Service of Others

Jared Lloyd, a 35-year-old father of two boys, lost his life in a fire at the Evergreen Court Home for Adults in Spring Valley on March 23, 2021. He had rescued one resident and went back in to save another when the smoke and flames overcame him– prompting a mayday call just before the second floor of the building collapsed. His body was recovered in the rubble 24 hours later. Lloyd had been a member of Columbian Fire Engine Co. No. 1 in Spring Valley for more than 15 years.

One other resident, 77-year-old resident Oliver Huested, also perished in the blaze. Twenty of the 112 residents were taken to area hospitals– some with serious injuries. Twenty-three fire companies responded to put out the fire. Two firefighters were injured, with one treated for smoke inhalation.

Rockland County Executive Ed Day said at a news conference. “Jared Lloyd gave his life in service to others. He searched as the building burned, determined to rescue anyone who may have been trapped; his loss is devastating. There is no other way to put it. But I will tell you this– his loss and his heroism will never be forgotten.” His mother, Sabrail Davenport, said, “Jared has been a good son, always loved putting his life before others. He had a passion for service since high school.”

Criminal and Civil Lawsuits Filed in the Fire’s Aftermath

The building was deemed a total loss. Rockland County Department of Health officials reported that smoke detector and sprinkler reports were found in compliance when last checked in December 2019. Denise Kerr, Director of Evergreen Court Home, issued a statement that the center had been inspected multiple times by local authorities in 2020, with no fire safety citations or violations found.

Three months later however, these reports were called into question when authorities arrested four men— including two village building inspectors, a rabbi, and his son. Rabbi Nathaniel Sommer and his son, Aaron Sommer, are alleged to have started the fire by using torches to burn the ovens out– part of a kosher cleansing of kitchens ritual for Passover. The Sommers are charged with multiple felonies, including manslaughter, assault in the second degree, and arson in the fourth degree, as well as misdemeanors of assault and second-degree reckless endangerment.

In addition, village building inspectors Wayne Ballard and Raymond Canario stand accused of filing false reports with the state. Offering a false instrument for filing is a felony, while second-degree falsifying business records count as a misdemeanor.

Misdemeanor arrest warrants were also issued for Evergreen Court employees Denise Kerr and Manuel Lema of Pomona for their actions before the start of the fire. These actions included shutting off the connection to the county fire communications center before the Passover preparations.

Kerr faces second-degree reckless endangerment. Lema faces second-degree criminal impersonation and second-degree obstructing governmental administration. Investigators are also examining whether a lack of water pressure interfered with the firefighter response effort. Attorneys at Friedman, Levy, Goldfarb & Green are handling numerous civil claims on behalf of the family of the fallen firefighter Jared Lloyd against all those alleged to have caused this preventable tragedy.

New York Legislature Proposes Renaming a Portion of Route 45 After Jared Lloyd

Lawsuits and arrests are a positive step forward in demanding accountability. Though nothing can bring back Jared Lloyd, local officials wanted to recognize the bravery and sacrifice of the local hero. State assembly members Michael Lawyer and Kenneth Zebrowski introduced a bill in the lower chamber to rename a portion of Route 45 after Jared Lloyd, which will be carried through the Senate by Elijah Reichlin-Melnick. It is expected to pass and be signed into law by the governor in early June.

Legislators met with family members outside the Hillcrest Fire Department on Route 45 on February 10. New York State Representative Ken Zebrowski said, “The most important thing we can do is change the culture of noncompliance, and make sure everyone realizes that enforcement– fire code, zoning code– is not just words on a page, but it is the mechanism that keeps our firefighters safe and our citizens safe.”

Hurt in a Fire? We Can Help You Seek Justice.

Contact the experienced lawyers at Friedman, Levy, Goldfarb & Green to pursue a premises liability claim. We handle cases from New York City, including Manhattan, Bronx, Brooklyn, and Long Island. Our team has the resources and track record to win. Call now for a free case review.

Friedman, Levy, Goldfarb, Green & Bagley, P.C. is deeply saddened by the Bronx Fire that killed at least 17 people as of today. News like this is especially devastating when it happens right here in our own city, and our hearts go out to the victims and their families. Any preventable loss of life is unacceptable, and we call on public officials to fully investigate the causes and put preventative measures in place to make sure tragedies like this don’t happen again. Our leading personal injury and premises liability lawyers investigate cases where lapses in product safety and landlord negligence have unnecessarily put tenants at risk. Contact us now to report a claim and discuss your case for free with an experienced and compassionate attorney.

Deadliest NYC Fire in Decades

New Mayor Eric Adams called the numbers “horrific.” Though originally reported at 19 deaths, the death toll has been revised to 17, including eight children. More than 60 people were hurt in total, with 13 people hospitalized in critical condition – some are intubated and “clinging to life.” Ten children are among those still hospitalized, in various conditions.

The catastrophic event represents the city’s largest loss of life in a fire since 1990, when a deliberately set fire at a Bronx nightclub killed 87 people.

What Caused the Bronx Fire Injuries and Deaths?

The official cause of death and injury in the Bronx fire was “severe smoke inhalation,” according to Fire Department commissioner Daniel A. Nigro. Most fire deaths occur when smoke deprives people of oxygen and suffocates the lungs. Within minutes, oxygen deprivation is enough to disorient a person and cause permanent brain damage. More sustained smoke inhalation causes fluid to collect in the lungs, leading to death.  

Victims arriving at the ER for severe smoke inhalation can be treated with an antidote for cyanide poisoning and flooded with oxygen in hopes of reversing hypoxia. Patients with brain damage may require intubation or pressurized hyperbaric chamber oxygen. Children and babies are especially sensitive to hypoxia and often do not make it.

For those who do survive the ordeal, determining the extent of recovery requires testing and time. Even if maximum medical prognosis has not been reached, you can still contact a New York personal injury lawyer to start investigating your claim. This is important, as the statute of limitations starts ticking on the date of the fire and generally expires after three years.  

How Did the Bronx Fire Start?

The fire in the 19-story building that housed 120 units at East 181st Street started with a malfunctioning space heater that had been left on for days in a lower-level duplex apartment. The U.S. Product Consumer Safety Commission is investigating whether the space heater had been defective. Portable heaters are not a leading cause of the 1.2 million+ residential fires that occur nationwide, say safety experts, though they were linked to 1,700 fires, 80 deaths, and 160 injuries from 2016 to 2018.

Fire alarms went off, but residents said false alarms were “frequent.” Newer apartment complexes are outfitted with automatic sprinkler systems, but this building built in the 1970s had none. A city lawmaker had proposed requiring automatic fire sprinklers in all residential buildings 40 feet or taller by the end of 2029, but the measure failed to pass.  

The door to the apartment failed to swing close after residents fled. Smoke traveled up through the stairwell to the 15th floor, where another self-closing door malfunctioned, allowing smoke to spread throughout the structure and making escape impossible. A family of five died of smoke inhalation on the 19th floor. The city housing department had issued violations for problems with self-closing doors in five apartments and one stairwell from 2014-2021, which had all been resolved. An ongoing investigation will look into whether maintenance issues played a role in causing unnecessary destruction and loss of life.

Congressman Ritchie Torres said that, even though the heat was turned on, there were multiple complaints of inadequate heat and hot water in the building, leading many tenants to resort to multiple space heaters to stay warm. A new task force will explore fire safety standards nationwide. “We owe it to the lives lost to ensure that their death is not in vain,” Torres added.

If You Were Hurt or Lost a Loved One in a Fire, Call Friedman, Levy, Goldfarb & Green in NYC

The aftermath of a deadly fire often leaves many unanswered questions, but we can help. Friedman, Levy, Goldfarb, Green & Bagley, P.C. has served New York for over 50 years, representing victims of burn injuries, wrongful death, and other damages resulting from negligence. We have the resources and skills to get results. Contact a New York City premises liability lawyer for a free consultation to explore your legal rights.

Working out at a gym is usually good for your health, but not always. Perhaps you lifted more weight than you could handle. Or a piece of strength training equipment malfunctioned. Or the gym staff failed to instruct or spot you properly. Can you hold the gym owners or others liable for damages?

There have been many cases in which plaintiffs have successfully sued gyms, sports clubs, Pilates studios and other exercise facilities for their injuries. Even if the gym owners were not aware of an unsafe condition, they may be liable if proper inspection would have uncovered it. Sometimes you may also be able to bring a product liability lawsuit against companies and individuals responsible for the design, manufacture, sale or distribution of a potentially dangerous exercise machine or its components.

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Equipment malfunctions are not the only basis for gym liability. You may be able to sue a gym for poor instruction or supervision. If an unqualified staff member imposed excessive demands, provided improper instruction or did not warn of potential risks, the gym itself could be liable for muscle injuries or other harm.

One hurdle to overcome is the liability waiver that most gym members must sign when they join, promising not to sue if they are injured at the gym. Fortunately, in New York, these waivers are unenforceable in many instances.

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New York General Obligations Law Section 5-326 makes waivers of liability for gym related injuries void if three conditions are met:

1) The gym membership agreement is entered into between you and the owner or operator of the gym; and

2) The liability waiver in question attempts to exempt the owner and operator from liability for their own negligence (or that of their agents or employees); and
3) The owner and operator of the gym receives a fee in connection with your use of the facilities (i.e. membership or use fees).

If these three conditions are met, your gym, be it New York Sports, Equinox, Crunch, or any other gym of which you are a paying member, cannot avoid liability if you are injured as a result of their negligence. These waivers are included in the membership agreements the gym has you sign, even though the gym knows full well the waiver is likely not enforceable, in hopes that you will refrain from suing believing that the waiver is valid.

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If you are injured, you should immediately report the incident to the gym and ask for a copy of any report prepared by the gym staff. You can show that document, along with any photographs you may have of any equipment involved, to a lawyer. Contacting an experienced personal injury attorney can help you decide if you have a case to pursue.