A landlord failed to properly install a window in one of his tenants’ apartment and, as a result, she fell through the window and down three stories and landed on the lawn. The tenant fractured each of her legs, her spine, and she became partially paralyzed as reported by the New York Law Journal in a June 17, 2013 news article.

Therefore, the tenant sued the owners of the premises as well as those who operate the premises. The tenant claimed that they failed to take care of the premises and that they were the ones who caused her accident.  The tenant had leaned against the window because she was trying to obtain better cell phone connection. When she leaned against the window it detached, and the remains from the wall hit her and thrust her through the window. The tenant claimed that she filed a complaint with the owner and managers that the window was not secured properly, but nothing was done to repair the condition. Moreover, she claimed that there was mold which damaged the walls, and she submitted photos to prove this.

However, the owners and operators claimed that  the incident did not occur, when the police and a security guard arrived at the scene the tenant did not report the incident, and when the guard inspected the building he did not see the detached window. They also allege that the tenant was the one who “leaned against an unlatched window and accidentally forced it to open.”   In addition, they argue that even if there was mold in the apartment it would not have caused this incident and that the tenant lied to prove her point. In the end, the tenant lost her case.

We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone else’s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial  in office consultation or visit our website at www.MyNewYorkCityLawyer.com.