Child Severely Burned by Apartment's Uncovered Heat Riser

While prospective tenants visited an apartment they considered renting, their child ran over to an uncovered heat riser, grabbed it, and was unable to let go since fresh paint acted as a glue binding her hands to the pipe. The child suffered severe burns and tenants sued landlord for negligence. Landlord asked the court to dismiss the case without a trial. Landlord claimed that it had no duty to insulate or regulate the pipes because the building was over 40 years old and predated the current building code. Landlord also argued that the child's actions weren't a foreseeable risk that was caused by landlord's claimed failure to insulate the pipes. The court ruled against landlord. There were questions of fact that required a trial to determine whether landlord was obligated to insulate pipes that carried steam or hot water with temperatures above 165 degrees. And landlord may have a duty to protect prospective tenants from heat-related hazards of the pipe.

Mora v. Cammbey's Realty: Index No. 10240/09, NYLJ No. 1202555576159 (Sup. Ct. Kings; 5/7/12; Schmidt, J)