Pineda

Summary

A landlord has no duty of care to assure that his tenant’s children do not fall out of ordinary second story windows. We affirm summary judgment in favor of defendant landlord.

Facts and Procedural History

This is an action for personal injuries sustained by plaintiff and appellant Doris Pineda, a minor, who fell out the second story window of a building owned by defendant and respondent Faiez Ennabe, knocking out the screen as she fell.

Ennabe moved for summary judgment based on the following evidence:

The lower edge of the window from which appellant fell was 44 inches above the floor. Appellant’s mother had placed a bed, consisting of a mattress on a box spring, directly under the window. Appellant was bouncing on the bed shortly before her accident. She was five and a half years old at the time. She was playing without adult supervision. She knocked the window screen out or aside and fell 30 feet to the ground.

There was another location in the bedroom, away from the window, suitable for placement of the bed.

The building was inspected the day after the accident and found to be fully in compliance with relevant building codes. The screen was designed…