Landlord Not Responsible for Steam-Pipe Burn Injury

October 31, 2010

LVT Number: #22964

Tenant's friend sued landlord for negligence after she was injured in tenant's apartment. The friend apparently lost consciousness while sitting on the toilet. She fell against a steam riser pipe and her forehead was burned. The court dismissed the case without a trial. The friend appealed and lost. City law requiring the insulation of steam piping exceeding 165 degrees Fahrenheit didn't apply to landlord's building because it was built before the law went into effect. Otherwise, landlord properly maintained the steam pipe.

Tenant's friend sued landlord for negligence after she was injured in tenant's apartment. The friend apparently lost consciousness while sitting on the toilet. She fell against a steam riser pipe and her forehead was burned. The court dismissed the case without a trial. The friend appealed and lost. City law requiring the insulation of steam piping exceeding 165 degrees Fahrenheit didn't apply to landlord's building because it was built before the law went into effect. Otherwise, landlord properly maintained the steam pipe. And, contrary to the friend's claim, the accident was not foreseeable.

Ferguson v. NYCHA: NYLJ, 10/18/10, p. 24, col. 1 (App. Div. 2 Dept.; Mastro, JP; Dickerson, Roman, Sgroi, JJ)

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