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Injury: What Are His Rights?

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Injury: What Are His Rights?

Postby JulieA » Wed Jan 01, 2003 6:29 pm

A friend of mine signed a stipulation in court that he would move out of his apartment (had been there for years, but is not on the lease)by the end of the month, owing none of the back rent, provided he didn't sue them for horrendous living conditions. He signed the stipulation for the person on the lease, with their agreement (they were absent).
The last day, as he was ready to move, he received 2nd and 3rd degree burns from the boiling hot water in the shower (he fell, and couldn't get up right away), and had to call an ambulence and go to the emergency room.
Now he is unable to physically move (he's in bad pain).
Can his stay in this apartment be extended? Can they demand he leave anyway? What are his rights?
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Re: Injury: What Are His Rights?

Postby HAJ77 » Wed Jan 01, 2003 7:26 pm

Conact an attorney. Any issue like this should be handled by a qualified attorney since there will likely be lawsuit.
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Re: Injury: What Are His Rights?

Postby JulieA » Thu Jan 02, 2003 1:17 pm

The hospital told him he had BETWEEN 2nd and 3rd degree burns actually. Some people make the mistake of thinking 3rd degree are the worst. It's first degree that are the worst.

All I know is, in my apartment also, the water can get so boiling hot that I could easily see someone being badly burned by it. I've been burned just by touching it for a split second.
He fell and was under it for several seconds.

The water should not get that hot. It's dangerous. This is especially true since you can't control it very well in some of these old buildings.

For the elderly, I would imagine it's particularly dangerous.
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Re: Injury: What Are His Rights?

Postby HAJ77 » Thu Jan 02, 2003 2:10 pm

Let's all read this article about Third-degree burns so that we understand exactly what we're talking about.

Now that today's science lesson is over, if the water is too hot you would follow normal complaint procedures by notifying the LL by certified mail. Also, consider asking the super to turn down the temperature.

However, there is no maximum temperature designated by law, just a minimum temperature of 120 degrees. That's why the elderly and people with children should buy and install an anti-sclad valve that will stop the water when the temperature is too hot.
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Re: Injury: What Are His Rights?

Postby JulieA » Thu Jan 02, 2003 2:42 pm

Well then, I can't understand why the hospital told him 1st degree burns were the worst. Somebody doesn't know their job.

His burn is as follows: The top layer of skin is peeling off. He has been in severe pain and was given morphine by the hospital a couple of times. When he first called me to tell what just happened, he said he felt like he was going into shock. He had to have an ambulence take him to the hospital.
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Re: Injury: What Are His Rights?

Postby HAJ77 » Thu Jan 02, 2003 2:48 pm

Like I said before, this is not an issue for our forum and should be handled by a qualified attorney.
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Re: Injury: What Are His Rights?

Postby Lilly » Thu Jan 02, 2003 10:59 pm

Get a lawyer and try to get the stip set aside.
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Re: Injury: What Are His Rights?

Postby consigliere » Fri Jan 03, 2003 2:09 am

There is a provision in Section 27-2031 of the Housing Maintenance Code which allows the hot water temperature to be no less than 110 degrees and no more than 120 degrees.

Tenants who experience water that is too hot should request that the landlord install the appropriate device.
.
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Re: Injury: What Are His Rights?

Postby Chimera » Fri Jan 03, 2003 2:38 pm

consigliere: I read the information in the link that you provided, but I do not see where it states that the -maximum- temperature is 120 degrees farenheit. From what I see, the -minimum- temperature is 120 degrees farenheit, except in cases where "balanced-pressure mixing valves, thermostatic mixing valves or combination pressure balancing/thermostatic valves" are installed, in which case it is allowable for the water temperature to be as low as 110 degrees farenheit.

Am I reading this incorrectly, or is there no rule regulating the maximum water temperature allowed in apartments?

And what if the injuries incurred on this tenant were caused by being exposed to 120 degree water? I could be wrong, but 120 degrees sounds awfully hot and capable of creating the type of burns that this man has suffered.
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