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Law Pro
Law Pro, Attorney
Category: Business Law
Satisfied Customers: 24042
Experience:  20 years experience in business law - sole proprietor, partnership, and corporations
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Water in tenants apartment was so hot it burned her right hand,

Customer Question

Water in tenants apartment was so hot it burned her right hand, she went to the hospitle and was treated for second degree burn. can she sue the landlard?
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Pro replied 1 year ago.

Law Pro :

Hi. Thank you for using JustAnswer. My name is XXXXX XXXXX I'm going to assist you today.

Law Pro :

I was the expert who answered your previous question.

Law Pro :

Now does each tenant have their own separate hot water tank?

Law Pro :

Who has access to setting the hot water tanks temperature - all tenants or is the hot water tank locked up and only the LL (or their maintenance people) have access to it.

Law Pro :

How many apartment units does a hot water tank service - any idea?

Law Pro :

Is this an industrial hot water tank - not your ordinary hot water tank that one would buy from Home Deport or Lowes?

Customer:

Now does each tenant have their own separate hot water tank? No only the management has controll of the one water heater located in a room on top of the building.








How many apartment units does a hot water tank service - any idea?



Law Pro :

Then clearly the LL is liable for her injuries.

Customer:

Who has access to setting the hot water tanks temperature. Only the management, there are 113 units it service. Yes it a industrial hot water tank.

Law Pro :

Hot water tanks are to be set no higher than 120 degrees - that's to protect children and the elderly because their skin is thinner than middle age adults.

Law Pro :

There is no doubt that they are liable for her injuries.

Law Pro :

Today a landlord is required to refrain from acting“negligently.” Another way of putting it is that he must act reasonably, under the circumstances, with respect to his tenants’ safety and that of their guests (and even some trespassers). But what do these terms mean?

Law Pro :

EGLIGENCE, INJURIES AND LAWSUITS


Here are some examples of injuries for which

courts have held a landlord liable on the basis of

negligence:


Tenant falls down a staircase due to a

defective handrail.


Tenant trips over a hole in the carpet on a

common stairway not properly maintained

by the landlord.


Tenant injured and property damaged by

fire resulting from an obviously defective

heater or wiring.


Tenant gets sick from pesticide spray

applied to common areas and exterior walls

without advance notice.


Tenant’s child is scalded by hot water from

a water heater with a broken thermostat.


Tenant injured when she slips and falls on a

puddle of oil-slicked rainwater in the garage.


Tenant’s guest injured when she slipped on

the ultra-slick floor wax applied by the

landlord’s cleaning service prior to move-in.


Tenant receives electrical burns when

attempting to insert the stove’s damaged

plug into the wall outlet.


Tenant injured when she slipped and fell

on wet grass cuttings left on a common

walkway

Law Pro :

There is no doubt that the LL has a duty of care to you tenants.

Law Pro :

There is no doubt the LL to the tenant for their serious injuries.

Customer:

thank you

Law Pro, Attorney
Category: Business Law
Satisfied Customers: 24042
Experience: 20 years experience in business law - sole proprietor, partnership, and corporations
Law Pro and 9 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.


Does this also aply to water hoses left in walk ways and tenants trip over on water hoses and hert themselves.

Expert:  Law Pro replied 1 year ago.
I believe it would. One would not normally leave tools and debris lying about in a commonly used walk-way. Although potentially a "patently" obvious obstacle - if one had to walk over the obstacle or side-step the obstacle or the obstacle was around the corner where not able to be seen until walking into it - that would also apply.

It's the "totality of the circumstances" of the event - one would have to consider all the issues involved to make a determination.

Presumptively if the water hoses weren't normally stored there and left behind - they would be negligent most likely.

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