M&N Recovers $1M for a Child Who Fell from a Window

Published

In a case that spanned more than a decade, Marasco & Nesselbush partner Joe Marasco and associate counsel Tim Lynch achieved a million-dollar recovery for a child who fell from a window.

The case posed numerous challenges with respect to proving liability and establishing the extent of the client’s injuries. The child fell from a window in a public housing complex in Providence. There were several allegations with respect to the landlord’s negligence.

Most importantly, there was a screen missing in the child’s room and the child’s mother had requested a replacement. In addition, the windowsill in the converted factory building was wide enough for a child to sit on which created an “attractive nuisance” and a likely injury. In fact, the investigation established that another child had fallen in a similar manner which meant that the landowner was on notice of the potential for harm.

The defendant owners disputed the allegations and suggested that even if the screens were missing; “screens are for keeping bugs out … not children in.” In addition, they contended that although the child had sustained an initial injury, there was no permanent harm caused by the fall.

After many years of contentious advocacy and careful medical documentation, the defendants relented, and the case was settled for a million dollars. The defendants were swayed by expert medical opinions obtained by counsel documenting the significant impact that the injury had on our client’s educational record and vocational opportunities. In addition, our investigation established that the landlord had routinely failed to maintain the property in a reasonably safe condition.

“We are pleased with the outcome we achieved for the young man. It was truly a team effort in handling a difficult case,” stated partner Joe Marasco. “The case demonstrates the determination of our attorneys and staff. It is the type of result we are known for achieving. The funds will provide economic stability for the young man and will guarantee him a better quality of life.”