Radiator Needn't Be Covered

July 31, 2005

LVT Number: 18243

Tenant sued landlord for negligence after her three-year-old child burned himself on a radiator in their apartment. She claimed that landlord didn't maintain the apartment in a reasonably safe condition, because no cover was placed on the radiator. Tenant didn't claim that the radiator malfunctioned. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Landlord had no legal duty to cover the radiator.

Tenant sued landlord for negligence after her three-year-old child burned himself on a radiator in their apartment. She claimed that landlord didn't maintain the apartment in a reasonably safe condition, because no cover was placed on the radiator. Tenant didn't claim that the radiator malfunctioned. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Landlord had no legal duty to cover the radiator.

Rivera v. Nelson Realty LLC: NYLJ, 7/18/05, p. 25, col. 1 (App. Div. 1 Dept.; Buckley, PJ, Mazzarelli, Saxe, Friedman, Catterson, JJ)

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