Tenant Claims Infant Burned by Uninsulated Radiator Pipes

February 1, 1995

LVT Number: 9432

Tenant sued landlord for negligence, claiming that his infant son was burned by an uninsulated radiator pipe. At the end of the trial, the court advised the jury not to find landlord negligent unless they believed that landlord knew or should have known that the temperature of the uninsulated pipes was higher than the building code allowed. The jury ruled for landlord, and tenant appealed. The appeals court ordered a new trial. The court shouldn't have told the jury to consider landlord's knowledge of the pipe temperature.

Tenant sued landlord for negligence, claiming that his infant son was burned by an uninsulated radiator pipe. At the end of the trial, the court advised the jury not to find landlord negligent unless they believed that landlord knew or should have known that the temperature of the uninsulated pipes was higher than the building code allowed. The jury ruled for landlord, and tenant appealed. The appeals court ordered a new trial. The court shouldn't have told the jury to consider landlord's knowledge of the pipe temperature. Since landlord maintained the overheated radiator pipes, it's presumed that landlord knew the temperature of the insulated pipe. A new trial was needed because it was unfairly prejudicial to tenant to ask a jury to consider this issue.

Lugo v. NYCHA: NYLJ, p. 30, col. 5 (1/11/95) (App. T. 2 Dept.; Kassoff, JP, Chetta, Patterson, JJ)

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