Tenant Burned by Leaking Steam Pipe

August 31, 2000

LVT Number: 14358

Tenant sued landlord for negligence after she was burned by a leaking steam pipe in her bathroom. Tenant had a seizure and passed out in the bathroom, causing her body to come in contact with the steam pipe. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and reopened the case. Tenant had complained to landlord about the amount of steam and hot water dripping from the top of the steampipe near the ceiling. Before she passed out, tenant had wiped up water that had dripped down on the floor.

Tenant sued landlord for negligence after she was burned by a leaking steam pipe in her bathroom. Tenant had a seizure and passed out in the bathroom, causing her body to come in contact with the steam pipe. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and reopened the case. Tenant had complained to landlord about the amount of steam and hot water dripping from the top of the steampipe near the ceiling. Before she passed out, tenant had wiped up water that had dripped down on the floor. Even though landlord might not have foreseen that tenant would faint in the bathroom, it was foreseeable that tenant could be injured from contact from the unprotected steampipe, which was located very close to the toilet in the bathroom.

Delaney v. First Concourse Mgmt. Co.: NYLJ, 8/14/00, p. 27, col. 2 (App. Div.1 Dept.; Ellerin, JP, Wallach, Lerner, Saxe, JJ)

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