No Window Guards Required

LVT Number: 10467

Tenant baby-sat for young child who fell out of tenant's apartment window and was severely injured. The baby's mother sued landlord for not having window guards there. The court ruled against the mother and dismissed the case. Mother appealed. The appeals court again ruled against mother. The law requires installation of window guards in apartments where children under the age of 10 live. No children 10 or younger lived in tenant's apartment. So landlord wasn't required to install window guards in tenant's apartment.

Tenant baby-sat for young child who fell out of tenant's apartment window and was severely injured. The baby's mother sued landlord for not having window guards there. The court ruled against the mother and dismissed the case. Mother appealed. The appeals court again ruled against mother. The law requires installation of window guards in apartments where children under the age of 10 live. No children 10 or younger lived in tenant's apartment. So landlord wasn't required to install window guards in tenant's apartment.

Deer v. DiPiazza: NYLJ, p. 31, col. 2 (3/8/96) (App. Div. 2 Dept.; Mangano, PJ, Thompson, Friedmann, Florio, McGinity, JJ)