Bum Not Caused by Clogged Drain

Tenant sued landlord for negligence. Tenant's bathtub drain was clogged, and tenant filled a bucket with scalding water to fix ft. Tenant's child tipped the bucket over and was seriously burned. Tenant claimed that landlord's failure to fix the clogged drain and to monitor the hot water temperature after installing a new boiler were the causes of the child's injuries. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Even if ft was landlord's fault that the drain was clogged and that the water temperature was too hot, the immediate cause of the child's injury was the father's placement of the bucket of scalding water. So landlord couldn't be found to have caused the accident.

Tigulla v. Porzio: NYLJ, p. 31, col. 5 (11/30/98) (App. Div. 2 Dept.; O'Brien, JP, Florio, McGinity, Luciano, JJ)