Kingston Spencer Bronx Apartment Fall: Kingston ‘King’ Spencer Died In Bronx River Houses Building Accident After Falling From Window In Soundview Near Harrod Avenue
BRONX, NEW YORK (November 10, 2019) – A 7-year-old special needs boy identified as Kingston Spencer has tragically died after falling out of a ninth floor window of the Bronx River Houses apartment building.
Bronx police are saying that the accident took place around 11:00 a.m. at the apartment on Harrod Avenue by East 174th Street. Paramedics rushed to the scene in order to help Kingston Spencer.
The boy was taken to the hospital in critical condition. For reasons that remain under investigation the boy was able to fit himself into where an air conditioner was installed before the accident.
Despite life-saving measures Kingston Spencer was later pronounced dead due to his injuries. Rossey Mancebo is the mother of Kingston Spencer.
She told reporters that she made the decision to donate her son’s organs after his death so that other people could have a chance to live. A vigil has since been held in honor of her son.
Neighbors described the victim as an incredibly sweet and wonderful young boy. An investigation into the tragic accident at the Bronx River Houses remains ongoing.
Liability In Building Fall Accidents
According to Stanford Children’s Health, “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. More than half of fall-related injuries among children occur among ages 4 and under.” Children who are involved in fall accidents often receive very serious injuries including:
- Internal bleeding
- Broken bones
- Spinal cord injuries
- Head trauma
There are a number of potential sources of liability for fall accidents at apartment complexes. Under New York State law property owners have a legal responsibility to maintain their premises in a reasonably safe manner to prevent guests from being injured. According to the New York State Bar, “In general, liability for the condition is predicated upon ownership, occupancy, control or “special use” of the property (Turrisi v. Ponderosa,
Inc., 179 A.D.2d 956 [3d Dep’t 1992]). This includes taking measures to prevent falls from windows. A number of accidents occur when windows aren’t up to code or air conditioners aren’t installed correctly. Here are just a few measures that can be taken to prevent children from falling through windows:
- Bars should be installed around a window to prevent children from slipping through
- Air conditioners should be securely installed
- Nothing should be placed on the air conditioner
- Landlords should check the condition of the window around the air conditioner.
According to the New York Post, “By city law, landlords are required to install bars on the windows of buildings where there are three or more apartments and children who are 10 years old or younger are residing there — even on the first floor.” If a landlord fails to install bars on a window and a child falls through the building owner could face civil liability. It’s important that evidence is collected and preserved after an accident.
The family of any child that is injured after falling through an apartment window may have legal recourse through a civil claim. Damages in a civil claim can help cover medical bills, lost wages, emotional trauma and pain and suffering. Unfortunately, landlords will often fight vigorously to deny liability after a window fall. A premises liability attorney can examine all of the facts of your case and let you know what your legal options are.
Investigating A Bronx Apartment Fall Accident
We at Pulvers, Pulvers & Thompson extend our deepest condolences to the family of Kingston Spencer who died in this accident at the Bronx River Houses. Any person that may have seen what happened should reach out to the Department of Buildings as they continue their investigation. Accidents like this can easily be prevented by landlords installing bars on the windows. Was this building up to code and were the right safety measures taken? There needs to be some accountability for what happened so that another accident like this doesn’t take place. No family should ever have to suffer through something like this.
