The Hidden Dangers of Window Air Conditioners: A Premises Liability Perspective

A 4-year-old boy was seriously injured in Brooklyn after he fell from a fifth-story window after an air conditioning unit’s side panel was pushed open. The child survived with serious injuries, and the story has raised important questions about premises liability, particularly in apartment complexes.

According to reports, the boy was playing near the bedroom window when he fell through the gap left by the air conditioner’s side panel. His mother, upon discovering him missing, found the panel ajar and immediately called emergency services. The child was hospitalized with multiple broken bones but is expected to recover. Thankfully, there were no injuries to his brain.

The incident underscores the vital need for proper installation and maintenance of window air conditioning units, especially in homes with young children.

Premises Liability: Who is Responsible?

From a legal standpoint, this case highlights the complex issues surrounding premises liability. In New York, property owners, including landlords, have a duty to maintain safe conditions for their tenants. This duty extends to ensuring that fixtures and appliances, such as air conditioning units, are securely installed and do not pose a risk to residents, especially vulnerable individuals like children.

The building’s landlord stated that the family did not notify the super for proper installation of the air conditioner, which would have included securing the unit with a bracket. While there may be shared responsibility, the landlord’s duty to inspect and ensure the safety of all units cannot be overlooked.

Proper installation of window air conditioning units is crucial for preventing accidents. The use of brackets and childproofing measures, such as window guards or stops, can significantly reduce the risk of falls. It is essential for landlords and property managers to not only install these units correctly but also to regularly inspect and maintain them.

In this case, the landlord has since taken steps to secure the family’s air conditioner and inspect all other units in the building. This response, while necessary, comes after a preventable accident, emphasizing the need for proactive measures rather than reactive solutions.

Lessons Learned: Protecting Our Children

As premises liability lawyers, we see many tragic incidents that could have been avoided with proper safety precautions. This unfortunate event serves as a stark reminder to all parents and property owners to prioritize safety. For parents, this means ensuring that any potentially hazardous installations are secure and regularly checked. For landlords and property managers, it means being vigilant in the maintenance and inspection of property features that could pose risks, especially to children.

If you or a loved one has been affected by a similar incident, it is crucial to consult with an experienced premises liability attorney. Legal experts can help navigate the complexities of such cases, ensuring that your rights are protected and that responsible parties are held accountable.

For more information on premises liability and how to protect your family, contact our top-rated law firm, representing clients for more than 100 years. Our experienced attorneys are here to help you seek justice and ensure safety in your community.

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
Contact us at 212-943-1090 for a free consultation.
Your safety is our priority.