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Premises Liability
Unsafe Water Temperature
Burns
 
CHILD BURNED BY BATHWATER GETS $5.5 MILLION
 
Attorney - Ken Berkowitz
Fall 1993

A 7-year-old East Orange girl who was permanently scarred from falling into a bathtub of scalding hot water as an infant, will receive a $5.5 million structured settlement paid over the balance of her life.

The child, one-year-old at the time of the incident, fell into a bathtub after she was left momentarily unattended. While only in the water for a brief time, she suffered second and third degree burns on her legs and torso, and was hospitalized for two months. Blume Goldfaden attorney Ken Berkowitz showed that shortly before the incident, the water temperature at the bathtub was dangerously hot, measuring at least 30 degrees higher than what is considered safe. Several months before, the building was cited by the city for having no hot water.

The child, whose ability to run freely is restricted, and may require further surgery, will receive the majority of the settlement upon turning 18, in both monthly and bulk payments. The case was settled three days before trial was scheduled to begin in Essex County Superior Court. The settlement will be paid by a combination of the building's landlord, its managing agent, two plumbers who had worked in the building, and the manufacturer of plumbing equipment.

 
Premises Liability
Unsafe Water Temperature
Burns

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