Landlord Not Responsible for Scalding Hot Water That Killed Tenant
LVT Number: #21109
Facts: Tenant was 58 years old and developmentally disabled. In 2003, her home health attendant gave her a warm bath. As the water drained from the tub, the attendant left the room to turn on an air conditioner in the apartment. While she was away, tenant opened the faucet. This released 161-degree water that left tenant with second- and third-degree burns. Tenant later died from her injuries. Tenant's estate sued landlord, claiming negligence. Landlord claimed that it wasn't responsible and asked the court to dismiss the case. Landlord noted that it was required by law to supply hot water in tenant's bathroom at a minimum temperature of 120 degrees, and argued that there was no maximum temperature requirement. The court ruled against landlord, finding that there were questions of fact requiring a trial. Landlord appealed.
Court: Landlord wins. Under New York City law, landlord has a duty to provide water that reaches a minimum temperature, but it has no duty to ensure that the water stays below any maximum temperature. Two judges dissented from the court's opinion.
Savory v. 2120 Realty Co., LLC: NYLJ, 3/5/09, p. 32, col. 1 (Andrias, JP, Nardelli, McGuire, JJ, dissent by Moskowitz, Renwick, JJ)