Tenant Scalded by Hot Water

June 30, 1994

LVT Number: 8886

Tenant's estate sued landlord for negligence and wrongful death after tenant allegedly died from scalding hot water in her shower. Landlord asked the court to dismiss the case, arguing that, to hear the case, tenant's estate had to prove tenant's death resulted from the scalding hot water in the shower. The lower court refused to dismiss, and landlord appealed. Landlord loses. For the case to go to trial, tenant's estate doesn't have to prove its claim that landlord was negligent---it just has to provide enough evidence that landlord may have been negligent.

Tenant's estate sued landlord for negligence and wrongful death after tenant allegedly died from scalding hot water in her shower. Landlord asked the court to dismiss the case, arguing that, to hear the case, tenant's estate had to prove tenant's death resulted from the scalding hot water in the shower. The lower court refused to dismiss, and landlord appealed. Landlord loses. For the case to go to trial, tenant's estate doesn't have to prove its claim that landlord was negligent---it just has to provide enough evidence that landlord may have been negligent. It will be up to the trial court and the jury to decide whether landlord's negligence caused tenant's accident and death.

Genkins v. 165 West 76th Street Associates: NYLJ, p. 27, col. 1 (6/30/94) (App. Div. 1 Dept.; Sullivan, JP, Wallach, Williams, Tom, JJ)

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