Tenant Severely Burned by Scalding Shower Water

Tenant sued landlord for damages based on injuries he suffered when he was severely burned by scalding hot water from the showerhead in his apartment bathroom. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Tenant claimed that when he tried to adjust the water for a shower, the water flowing into his bathtub was excessively erratic, gave off steam, and changed quickly from cold and cool to scalding hot. The sudden stream caused him to jump back, he hit the shower door, was propelled forward into the scalding stream of water, and then lost consciousness. Tenant woke up in the hospital. Tenant and two other tenants had complained to landlord previously about the hot water and that landlord knew, or should have known, that this was a dangerous condition. There also were questions as to whether a broken circulator pump caused hot water to travel to tenant's apartment. The court sent landlord and tenant to mediation to resolve the matter.

Clindinin v. NYCHA: Index No. 109954/10, NYLJ No. 12026167277019 (Sup. Ct. NY; 8/27/13; Madden, J)