Child Scalded by Excessively Hot Bathtub Water

Tenant sued landlord after her child was burned by excessively hot water in her apartment bathtub. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and lost. Tenant claimed that the child was in the bathtub for about five minutes without incident, with the water running at all times, and then suddenly began to cry and scream. The bathtub’s drain hadn’t been closed off and there was only about an inch of water in the tub where he was sitting at all times. A trial was needed to determine the facts. No proof was submitted regarding the temperature at which the water heater was set at the time of the accident or what landlord did in response to tenant’s prior complaints about hot water surges in other outlets. Landlord has the burden of showing that it maintained its water heater system in a reasonably safe manner and that it didn’t create or have actual or constructive knowledge of the claimed hazardous condition.

Moshe K. v. Nu Kol Tuv, Inc.: 98 A.D.3d 652, 2012 NY Slip Op 06014 (App. Div. 2 Dept.; 8/22/12; Angiolillo, JP, Dickerson, Leventhal, Chambers, JJ)