Tenant Burned Face on Uninsulated Steam Riser

February 1, 2003

LVT Number: 16378

Tenant sued landlord, the owner of his cooperative apartment, as well as the cooperative corporation for negligence. Tenant had blacked out in his bathroom while seated on the toilet and then burned his face on an uninsulated steam riser across the room. Landlord and the cooperative corporation asked the court to dismiss the case. The court ruled for them. Tenant appealed and lost. The cooperative corporation owed no duty to tenant, since it didn't own the apartment. And tenant's injury wasn't caused by any negligent act of landlord.

Tenant sued landlord, the owner of his cooperative apartment, as well as the cooperative corporation for negligence. Tenant had blacked out in his bathroom while seated on the toilet and then burned his face on an uninsulated steam riser across the room. Landlord and the cooperative corporation asked the court to dismiss the case. The court ruled for them. Tenant appealed and lost. The cooperative corporation owed no duty to tenant, since it didn't own the apartment. And tenant's injury wasn't caused by any negligent act of landlord.

Dugue v. 1818 Newkirk Mgmt. Corp.: NYLJ, 1/28/03, p.21, col. 6 (App. Div.2 Dept.; Krausman, JP, Friedmann, Mastro, Rivera, JJ)

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