Landlord Not Responsible for Scalding Water That Injured Child

Tenant sued landlord and its fuel oil burner contractor for negligence. Her 17-month-old child was injured when the child fell into a bathtub containing scalding hot water. Tenant told her son to take a bath. Tenant’s son then turned on the water to fill the tub, and left the room. Tenant was in another room, and the child wandered alone into the bathroom. Both landlord and the contractor asked the court to dismiss the case without a trial. The contractor claimed that it only supplied fuel oil and inspected the boiler once a year, and wasn't responsible for maintaining the hot water system. The court ruled against them, finding that there were questions of fact requiring a trial. Both appealed and won. Landlord can’t be required to adjust the hot water temperature in order to protect children from tenants who fail to do so. Tenants using hot water must be expected to monitor the mixture of hot and cold water to ensure a temperature that is safe for bathing.

Simmons v. Sacchetti: NYLJ, 8/27/09, p. 35, col. 1 (App. Div. 1 Dept.; Friedman, JP, Sweeny, Nardelli, Richter, JJ, Acosta, J dissenting)