Tenant Burned Head on Steam Pipe

January 1, 2002

LVT Number: 15505

Tenant sued landlord for negligence after she fainted and burned her head on a steam pipe in her apartment bathroom. Two years later, after pretrial questioning and other case activity, tenant asked the court for permission to amend her complaint. She now also claimed that landlord was in violation of a city law because insulation was required on pipes when the temperature of the hot water went over 165 degrees. The court ruled against tenant, refusing to let her amend her complaint. Tenant appealed and won.

Tenant sued landlord for negligence after she fainted and burned her head on a steam pipe in her apartment bathroom. Two years later, after pretrial questioning and other case activity, tenant asked the court for permission to amend her complaint. She now also claimed that landlord was in violation of a city law because insulation was required on pipes when the temperature of the hot water went over 165 degrees. The court ruled against tenant, refusing to let her amend her complaint. Tenant appealed and won. The claim in tenant's amended complaint shouldn't be a surprise to landlord and didn't prevent it from preparing a defense. Landlord would be given the chance to conduct additional pretrial questioning, if needed.

Valdes v. Marbrose Realty, Inc.: NYLJ, 12/10/01, p. 18, col. 1 (App. Div.1 Dept.; Sullivan, PJ, Rosenberger, Tom, Wallach, Rubin, JJ)

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