Tenant Scalded by Hot Water in Bathtub

June 30, 2007

LVT Number: #19712

Tenant sued landlord, claiming that landlord was negligent and responsible for injuries tenant suffered when scalded by hot water in her bathtub. After pretrial questioning and document production, landlord asked the court to dismiss the case. The court ruled for landlord. Tenant appealed, and the appeals court reopened the case. Landlord claimed that an independent contractor was entirely responsible for boiler maintenance and any fluctuations in water temperature. But it was unclear whether landlord had produced all of the relevant boiler maintenance history records.

Tenant sued landlord, claiming that landlord was negligent and responsible for injuries tenant suffered when scalded by hot water in her bathtub. After pretrial questioning and document production, landlord asked the court to dismiss the case. The court ruled for landlord. Tenant appealed, and the appeals court reopened the case. Landlord claimed that an independent contractor was entirely responsible for boiler maintenance and any fluctuations in water temperature. But it was unclear whether landlord had produced all of the relevant boiler maintenance history records. And tenant claimed that she had complained to the building super about bursts of extremely hot water. There were questions that required further document production and possibly a trial.

Carlos v. 395 E. 151st Street, LLC: NYLJ, 6/18/07, p. 27, col. 1 (App. Div. 1 Dept; Mazzarelli, JP, Friedman, Nardelli, Gonzalez, Catterson, JJ)

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