Tenant's Child Burned by Overheated Water

April 30, 2002

LVT Number: 15772

Tenant sued landlord for negligence after her child was burned by hot water in the bathtub. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Landlord had actual notice of the building's defective hot-water heaters and the resulting overheated water. So there were questions of fact as to whether the child's injuries were foreseeable and whether there was any other act by tenant that was responsible for the injuries. A trial was required.

Tenant sued landlord for negligence after her child was burned by hot water in the bathtub. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Landlord had actual notice of the building's defective hot-water heaters and the resulting overheated water. So there were questions of fact as to whether the child's injuries were foreseeable and whether there was any other act by tenant that was responsible for the injuries. A trial was required.

Isler v. Build, Inc.: NYLJ, 4/29/02, p. 18, col. 3 (App. Div.1 Dept.; Saxe, JP, Buckley, Rubin, Friedman, Marlow, JJ)

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