This case, T* v. A* M* H* C* Services, Inc., concerns a personal injury claim arising from the plaintiff's fall from a second-story apartment window. The plaintiff, GT, is a legally incapacitated adult who was under the care of A* M* H* C* Services, Inc., while residing in an apartment owned by the decedent, SM. The lawsuit primarily focused on the alleged negligence of the property owner for failing to install window guards.
The Appellate Division, First Department, affirmed the lower court's decision to dismiss the complaint against the Estate of the deceased property owner. The ruling hinged on several legal principles. Firstly, the plaintiff was not residing in a specialized facility designed for disabled individuals, meaning the property owner was not subject to a heightened duty of care. Secondly, no evidence was provided to show that the apartment window posed an inherent danger, either by design or condition, which would have necessitated remediation under Multiple Dwelling Law § 78 or common law obligations. Lastly, the court determined that the Window Guard Law did not impose a statutory duty on the property owner to install guards for a tenant with disabilities.
The court's decision underscores the limits of a landlord’s responsibility in a standard rental arrangement, particularly when it comes to modifying a unit for tenants with special needs. The plaintiff's arguments failed to establish a legal obligation on the part of the Estate, ultimately leading to dismissal. The ruling reinforces precedent that landlords are not necessarily required to take additional precautions unless mandated by law or contract.
Bet the Estate sure cared about that outcome.
# # #
DECISION