Citation

Toprani A, Robinson M, Middleton Iii JK, Hamade A, Merrill T. Inj. Prev. 2018; 24(Suppl 1): i14-i18.

Affiliation

New York City Department of Health and Mental Hygiene, New York City, New York, USA.

Copyright

(Copyright © 2018, BMJ Publishing Group)

DOI

10.1136/injuryprev-2017-042649

PMID

29626077

Abstract

BACKGROUND: Preventing child falls from windows is easily accomplished by installing inexpensive window-limiting devices but window falls remain a common cause of child injuries. This article describes the history and evolution of the New York City (NYC) window guard rule,which requires building owners to install window guards in apartments housing children aged ≤10 years. The NYC window guard rule was the first directive of its kind in the USA when it was adopted in 1976, and it has led to a dramatic and long-lasting reduction in child window fall-related injuries and deaths.

METHODS: Data about the history of the window guard rule were obtained by reviewing programmatic records, correspondence, legal decisions and the published literature. In addition, key informant interviews were conducted with programme staff.

RESULTS AND DISCUSSION: This article describes each stage of policy development, starting with epidemiological studies defining the scope of the problem in the 1960s and pilot-testing of the window guard intervention. We describe the adoption, implementation and enforcement of the rule. In addition, we show how the rule was modified over time and document the rule's impact on window fall incidence in NYC. We describe litigation that challenged the rule's constitutionality and discuss the legal arguments used by opponents of the rule. Finally, we discuss criminal and tort liability as drivers of compliance and summarise lessons learnt.

© Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2018. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

Language: en

Keywords

child; fall; policy