Was Landlord Responsible for Burns Caused by Scalding Shower Water?

Tenant's visiting friend was burned by scalding hot water while using the shower in tenant's bathroom. The friend sued landlord, claiming that it was responsible for her injuries. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. The friend testified in pretrial questioning that she had adjusted the water several times before it suddenly became too hot. Her feet were severely burned and scarred, and she had to be hospitalized. There also was testimony that there had been maintenance work on the hot water mechanical system that may have caused the problem. There were claims that the building super had manually introduced additional water into the heating system by use of a pressure regulator valve. Two weeks before the accident there also was work done on the boiler after other tenants complained about a lack of hot water. There were enough questions of fact that a trial was required to determine if landlord failed to maintain the hot water system in a safe condition.

Duff v. 646 Tenth Avenue, LLC: Index No. 103044/09, NYLJ No. 1202615799251 (Sup. Ct. NY; 8/20/13; Madden, J)