Tenant Burned by Water in Shower

January 13, 2013

LVT Number: #24540

Tenant sued landlord for negligence after he was burned by water in the shower. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed, and the court reopened the case. There were questions of fact as to whether landlord and its management company negligently failed to maintain the mixer on the building's boiler in a reasonably safe condition, and whether they had notice of excessively hot water in tenant's apartment.

Tenant sued landlord for negligence after he was burned by water in the shower. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed, and the court reopened the case. There were questions of fact as to whether landlord and its management company negligently failed to maintain the mixer on the building's boiler in a reasonably safe condition, and whether they had notice of excessively hot water in tenant's apartment. There were also questions as to whether tenant's conduct caused his injuries. Tenant remained in the shower to shave, with the water pointed away, when he knew the water was overly hot. He then fainted due to an unrelated illness while still in the shower.

Eaderesto v. 22 Leroy Owners Corp.: 955 NYS2d 328, 2012 NY Slip Op 08429 (App. Div. 1 Dept.; 12/6/12; Tom, JP, Mazzarelli, Moskowitz, Abdus-Salaam, Feinman, JJ)

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