Tenant Injured by Scalding Water While Taking Shower

Tenant sued landlord for negligence after suffering second- and third-degree burns while showering in his apartment. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible for tenant's injuries. The court ruled against landlord, who appealed and lost. There were questions of fact as to whether landlord breached the duty of care owed to tenant to properly maintain the building's hot water system, whether NYCHA had prior notice of erratic water temperature before the incident, and whether tenant's loss of consciousness while showering was the superseding cause of his burns. Other building tenants had complained to NYCHA and its employees about the hot water and erratic water temperatures before the incident. A trial was needed to determine the facts.

Clindinin v. NYCHA: 2014 NY Slip Op 03783, 2014 WL 2178659 (App. Div. 1 Dept.; 5/27/14; Sweeny, JP, Acosta, Renwick, Andrias, Freedman, JJ)