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ARTICLE ID 8548

$________ Wrongful death - Premises liability - 20-month-old girl falls to her death from third story apartment window located 24 inches above floor - Alleged negligence by landlord in failing to install window guards or warn of imminent danger to children.

Los Angeles County, California

The plaintiffs alleged that their infant daughter fell to her death due to the negligence of the landlord in failing to install window guards or warn of imminent danger to small children because the window was located only 24 inches from the floor.

Defendants denied that a dangerous condition existed.

On November 16, ________, the plaintiffs’ decedent, a 20-month-old girl was playing with her three-year-old sister in the family’s apartment located in the defendant’s building. The infant fell out of the third story window and died shortly thereafter in her mother’s arms. The plaintiffs, the mother and father of the infant and her three-year-old sister alleged that the defendant was negligent in failing to install window guards in the windows.

The plaintiffs maintained that the window constituted a dangerous and hazardous condition since it was located only 24 inches above the floor, easily accessible to small children. The plaintiff further alleged that the landlord had a duty to warn prospective tenants with children of the imminent danger.

In addition to the wrongful death action brought by the family, the mother and sister were in the apartment and witnessed the incident and brought claims for emotional distress. The plaintiffs alleged economic losses of $________ for burial expenses, $________ for future medical expenses for the family as a result of the emotional distress and $________ for loss of earnings for the father’s business.

The defendant maintained that the windows did not present a dangerous condition. The defendant maintained that the decedent’s sister helped her out the window or the child climbed onto something to get out of the window.

The matter was resolved the afternoon prior to the commencement of trial for the sum of $________.

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