Trial Required on Negligent Maintenance of Hot Water System

January 1, 2006

LVT Number: 18555

Tenant sued landlord for negligence after her baby was burned by very hot bath water. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. The doctor who treated the baby stated that the water temperature must have been at least 150 degrees to have caused the second- and third-degree burns that the baby suffered. This raised questions as to whether the building's hot water system was properly maintained. There were also questions of fact concerning whether the mother's failure to supervise the baby caused the accident.

Tenant sued landlord for negligence after her baby was burned by very hot bath water. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. The doctor who treated the baby stated that the water temperature must have been at least 150 degrees to have caused the second- and third-degree burns that the baby suffered. This raised questions as to whether the building's hot water system was properly maintained. There were also questions of fact concerning whether the mother's failure to supervise the baby caused the accident. A trial was needed to determine the facts.

Lindsey v. H.B. Assocs. LLC: NYLJ, 12/27/05, p. 26, col. 4 (App. Div. 1 Dept.; Buckley, PJ, Mazzarelli, Andrias, Saxe, Sullivan, JJ)

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