What can I do if I live in low income housing and my 7 year old fell out of the 2nd floor window after I have repeatedly asked the landlord to replace the screen?

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What can I do if I live in low income housing and my 7 year old fell out of the 2nd floor window after I have repeatedly asked the landlord to replace the screen?

I asked for 2 years. Now, my son broke both wrist. Is this negligence on the landlord’s part?

Asked on August 8, 2014 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It probably is negligence on the landlord's part, since you  gave the landlord notice of the problem. However, it probably also is negligence on your part, which will offset any compensation you could get, since you may be considered to have not been properly supervising your son if he was able to lean on and fall out of a window. It would be worthwhile to discuss the case with a personal injury attorney (many provide free initial consultations; you can check that they do before coming in for the appointment)  to discuss the matter in detail and get a sense for the strength of your case, what it might be worth, and how expensive it would be to pursue it. Good luck.


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