Landlord Not Responsible for Child's Burn Injuries

February 1, 2011

LVT Number: #23141

Tenant sued landlord for negligence, after her baby was injured in her apartment. Tenant claimed that there was inadequate heat and hot water, and left a pot of boiling water on the stove to provide heat. Somehow the water spilled, and her baby suffered burn injuries. The court granted landlord's request to dismiss the case without a trial. The lack of heat and hot water wasn't the cause of the baby's injuries. Tenant's act of boiling water didn't directly cause the injury either. So landlord wasn't responsible for the baby's injuries.

Tenant sued landlord for negligence, after her baby was injured in her apartment. Tenant claimed that there was inadequate heat and hot water, and left a pot of boiling water on the stove to provide heat. Somehow the water spilled, and her baby suffered burn injuries. The court granted landlord's request to dismiss the case without a trial. The lack of heat and hot water wasn't the cause of the baby's injuries. Tenant's act of boiling water didn't directly cause the injury either. So landlord wasn't responsible for the baby's injuries.

Hosten v. Oladapo: Index No. 19785/06, NYLJ No. 1202476867074 (Sup. Ct. Kings; 12/21/10; Kramer, J)

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