Infant Burned by Scalding Water

April 30, 1994

LVT Number: 8740

Tenant sued landlord, claiming negligence. Tenant claimed her baby was burned when the baby's brother accidently turned off the cold water in the sink in which the baby was being bathed. Tenant claimed the hot water, which was still running, was excessively hot. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord and sent the case back. It was arguably foreseeable that the cold water would accidentally be turned off and that someone would be burned by the hot water.

Tenant sued landlord, claiming negligence. Tenant claimed her baby was burned when the baby's brother accidently turned off the cold water in the sink in which the baby was being bathed. Tenant claimed the hot water, which was still running, was excessively hot. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord and sent the case back. It was arguably foreseeable that the cold water would accidentally be turned off and that someone would be burned by the hot water. A trial was needed to determine whether this had actually happened.

Parker v. New York City Housing Authority: NYLJ, p. 34, col. 2 (4/18/94) (App. Div. 2 Dept.; Sullivan, JP, Joy, Hart, Krausman, JJ)

Topics

More like this