Child Scalded by Hot Water in Bathtub

December 1, 1997

LVT Number: 11932

Tenants sued landlord for negligence after their child fell into a bathtub with excessively hot water and was scalded. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. Landlord claimed that tenants' lease made them responsible for maintaining apartment fixtures. The appeals court again ruled against landlord. Although the lease clause was some proof that landlords didn't control the heater, a trial was needed to determine the facts.

Tenants sued landlord for negligence after their child fell into a bathtub with excessively hot water and was scalded. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. Landlord claimed that tenants' lease made them responsible for maintaining apartment fixtures. The appeals court again ruled against landlord. Although the lease clause was some proof that landlords didn't control the heater, a trial was needed to determine the facts. Tenants claimed that they had made a number of complaints to landlord about the hot water and that landlord had promised to make repairs. There was also a fact question as to whether tenants' failure to supervise their child caused the accident.

Colon v. Mandelbaum: NYLJ, p. 27, col. 2 (11/28/97) (App. Div. 1 Dept.; Milonas, JP, Rosenberger, Rubin, Williams, Colabella, JJ)

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