Infant Scalded by Hot Water

August 31, 1999

LVT Number: 13478

Tenant sued landlord for negligence after her baby was scalded by hot water in the kitchen sink. Landlord claimed that tenant was at fault because she didn't instruct her babysitter that the water temperature fluctuated. Tenant asked the court to rule out this defense. The court ruled for tenant. Tenant had no control over the plumbing and so couldn't control the water temperature fluctuation. Tenant also showed that the babysitter was aware of the water temperature changes.

Tenant sued landlord for negligence after her baby was scalded by hot water in the kitchen sink. Landlord claimed that tenant was at fault because she didn't instruct her babysitter that the water temperature fluctuated. Tenant asked the court to rule out this defense. The court ruled for tenant. Tenant had no control over the plumbing and so couldn't control the water temperature fluctuation. Tenant also showed that the babysitter was aware of the water temperature changes.

Colt v. Kassis: NYLJ, p. 25, col. 4 (8/9/99) (Sup. Ct. Kings; Rappaport, J)

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