Infant Burned by Hot Water

June 30, 2002

LVT Number: 15922

A visitor to tenant's apartment sued landlord for negligence. During the night, the visitor found her 2-year-old child in the bathroom with burned feet. She claimed that he had climbed into the bathroom sink and turned on the water. She said the hot water was unregulated and burned the child. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, finding that there were questions of fact as to whether landlord was liable. Landlord appealed and won.

A visitor to tenant's apartment sued landlord for negligence. During the night, the visitor found her 2-year-old child in the bathroom with burned feet. She claimed that he had climbed into the bathroom sink and turned on the water. She said the hot water was unregulated and burned the child. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, finding that there were questions of fact as to whether landlord was liable. Landlord appealed and won. There was no proof that landlord's supposed negligence for supplying excessively hot water to the apartment was the actual cause of the child's injuries. Tenant's visitor didn't show how the accident happened. The case was dismissed.

Rivera v. Cicero: NYLJ, 6/10/02, p. 25, col. 6 (App. Div.2 Dept.; O'Brien, JP, Friedmann, Miller, Crane, JJ)

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