Landlord Has Duty to Regulate Hot Water Temperature

Tenant sued landlord for negligence after his child was scalded during a kitchen sink bath. The 15-month-old child had turned on a lever controlling both the flow and temperature of the kitchen sink water when his mother turned her back to mop the kitchen floor. Tenant claimed that landlord failed to monitor the water temperature and failed to install safety regulating equipment. Landlord asked the court to dismiss the case, claiming that it had no duty to control the temperature of the hot water in tenant’s apartment. Landlord also argued there was no proof of how hot the water really was and that tenant admitted that the water could be regulated to the proper temperature through the use of the lever. The court ruled against landlord, finding that landlord couldn’t claim it had no duty to regulate hot water to tenants. Landlord had a duty to maintain tenant’s apartment in a reasonably safe condition. And this could include a duty to maintain the water temperature supplied to tenants at a level that wasn’t unreasonably dangerous.

Velez v. Geomar Realty: NYLJ, 7/7/09, p. 34, col. 1 (Sup. Ct. Kings; Battaglia, J)