Two Young Boys Injured After Falling From Window At South Bay Apartment Complex Near Sea Fire Point and Avenida Playa del Sol In Otay Mesa, San Diego
OTAY MESA, CALIFORNIA (May 27, 2022) – Two boys were injured in a window fall accident at San Diego condo complex by Sea Fire Point and Avenida Playa del Sol.
San Diego County police officials are saying that the accident took place around 7:30 p.m. on Thursday. Two boys, ages 3 and 7, fell from the third story window of the condos.
Firefighters and paramedics were called to the scene of the accident in order to help both kids. The younger child sustained a head injury and both were transported to Rady Children’s Hospital.
Neighbors told NBC 7 that it is easy for kids to sit on the sill. A full investigation into this accident by Avenida Playa del Sol remains ongoing at this time.
Liability In San Diego Window Fall Accidents
Falls are one of the leading causes of serious injury and death for young children. According to the Stanford Children’s Hospital, “It is estimated that more than 2.2 million children ages 14 and under are treated annually at hospital emergency rooms for fall-related injuries. Reports show falls kill about 100 children ages 14 and under every year.” Playgrounds are one of the most common sites for fall injuries. This is followed by furniture, stairs, and windows. There are a number of steps that can be taken to prevent falls.
- Safety gates can be installed on stairs and windows.
- The ground below playground equipment should be soft.
- Furniture should be kept away from windows.
Depending on the facts of any case, the owner of an apartment or condominium complex could be liable for a child injured in a fall. Property owners have a legal responsibility to maintain their premises in a reasonably safe condition. Pursuant to California Civil Code 1714, everyone is responsible for an injury occasioned to another for their lack of ordinary care or skill in the management of his or her property. When a property owner has actual or constructive notice of a dangerous condition with their property, they must take action to correct the dangerous condition.
Consider, for example, the case of White v. Contreras. In June, 2000 three-year-old DeJoure White was severely injured after falling from a third-floor apartment window in Los Angeles. His family filed suit against the property owner. Lawyers for the case argued the the window was negligently left uncovered by a screen. The child’s father had, in fact, told the landlord that a screen was needed because his child could fall from the unscreened window opening. A biomechanical expert for the plaintiff said that a “standard replacement” window would have been sufficient to keep the child from falling through the open window.
The California Court of Appeal held that a landlord who covenants or undertakes to replace a window screen but fails to do so may be liable for the child tenant falling out of an unscreened window. According to the justices, “Principles set forth in both California decisional and statutory law can be invoked to support the proposition that there should be a duty of landlords to install window screens or other protective devices sufficient to protect children from falling from apartment windows.” Whether or not a duty of care exists will depend on a number of factors including:
- The foreseeability of harm
- The certainty of injury
- The proximity of the conduct and the injury
- The moral blame ascribed to the conduct
- The policy of preventing future harm
The family of any child that is injured in a window fall may be able to seek some measure of justice through a civil claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. Sadly, though, property owners will often fight hard to deny any responsibility for a child that is injured on their property. A premises liability attorney can investigate all of the unique facts of your case free of cost and let you know what your legal options are.
Investigating An Otay Mesa Apartment Fall Accident
We at TorkLaw extend our best wishes to the kids and the family affected by this tragedy near Avenida Playa del Sol. It is our sincere hope that they will be able to make a full recovery. It is our sincere hope that steps will be taken to prevent other incidents at this complex.
Have you or someone that you care about been injured in a window fall accident? There are a number of laws designed to protect your rights. Our team of child safety advocates are here to answer any questions that you may have. We care deeply that accident victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need a free, independent investigation into an accident we are here for you. You can reach out to us anytime at (888) 441-4991.
