Defective Window Didn't Cause Child's Injuries

April 30, 1994

LVT Number: 8739

Tenant's baby was injured when he fell into a bathtub that tenant had left running with hot water. Tenant sued landlord for damages, claiming negligence. Tenant claimed that she had to run the hot water to heat the bathroom because landlord didn't properly maintain the bathroom window. The trial court and appeals court ruled against tenant, without a trial. The baby's injuries weren't a foreseeable result of landlord's supposed failure to maintain the window.

Tenant's baby was injured when he fell into a bathtub that tenant had left running with hot water. Tenant sued landlord for damages, claiming negligence. Tenant claimed that she had to run the hot water to heat the bathroom because landlord didn't properly maintain the bathroom window. The trial court and appeals court ruled against tenant, without a trial. The baby's injuries weren't a foreseeable result of landlord's supposed failure to maintain the window.

Lam v. Neptune Associates: NYLJ, p. 32, col. 6 (4/18/94) (App. Div. 2 Dept.; Bracken, JP, Lawrence, Copertino, Fiorio, JJ)

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