Scalding Hot Water Injury – Can New York Landlords be sued?

New York City, New York (NewYorkInjuryNews.com) — Young children, older adults and people with disabilities are the most likely victims of scalding hot water that burns from sinks and bathtubs in apartments. The majority of these cases involve children and older adults who have thinner skin resulting in deeper burns at lower temperatures. 5,000 children are scalded from hot tap water every year. Tap water burns and scalds result in more inpatient hospitalizations; generally these types of scalds cover a larger percent of the person’s body and result in more fatalities than other types of scalds. Most of these injuries could have been avoided with proper, routine maintenance of the boiler systems and installation of anti-scalding or tempering devices.

The recommended temperature setting for home water heaters is 120°F. With a properly equipped and maintained system, the heated water that travels through the pipes will cool down by the time it comes out of the tap. The American Burn Association recommends the maximum safe temperature for bathing to be at 100°F. Without proper temperature settings or routine maintenance of boiler systems as well as replacement of essential safety devices such as mixing valves, scalding hot water can surge out of the tap unexpectedly. When skin is exposed to water at 120°F for five minutes, the end result is the destruction of all layers of the skin usually requiring surgical grafting. An exposure at 155°F for only one second causes the same serious injury.

Tenants have a right to a reasonably safe place to live and Landlords have an obligation to provide them with one. Landlords can be sued for negligence in failing to keep their end of the bargain when their tenants sustain serious burns caused by scalding hot water. Once a lawsuit is started, it is common for landlords and management companies to reflexively and outrageously accuse parents or guardians of abuse in causing the burns. Therefore it is important that the parents or guardians of a burn victim be aware that any delay in getting the burn victim medical assistance will later be used against them during a law suit to recover money damages. Even if the initial signs do not seem serious, let a medical professional make that determination. An accurate history to the responding police, paramedic and hospital personnel are extremely important so that there is no question, later on, that the burn(s) was caused by scalding hot water from a tap and not parental abuse.

If the injuries are serious, you may need to start a lawsuit against the building management to recover money damages for pain and suffering and for scarring and disfigurement. There are time limits in which the lawsuit must be started or the claim will be forever barred. In New York, you must bring a lawsuit within 3 years against the private owner from the date of the incident. However, if the building is owned or operated by a City, Town, Village or other public agency (For example, the New York City Housing Authority) then you must first file “a Notice of Claim ” within 90 days, and then you have only one year and 90 days after the accident to start the lawsuit. These limits go by very quickly and are strictly enforced by the Courts.

Therefore it is important for you to contact a lawyer immediately to start a quick and timely investigation on your behalf to preserve your rights. To have a question answered by one our panel experts in a news post, complete the form below.

Contributor: Vito Cannavo, Esq., New York Personal Injury, Liability Attorney, Sullivan Papain Block McGrath & Cannavo P.C.