Severe Burn in Bath Results in Lawsuit
On May 8, 2018, Irina Rifman, a 78-year-old resident of an apartment in Syracuse, New York, had a terrifying incident while bathing in her residence. As she was relaxing in her bath, the water temperature abruptly increased, resulting in the release of extremely hot water from the faucet. At this point, Ms. Rifman encountered difficulty in closing the valve as a result of her physical limitations due to her old age. There was an absence of essential handicap assistive devices, such as grab bars or an emergency call button, which further exacerbated the situation. She was left trapped in extremely hot water for an extended period. She sustained painful burns and injuries due to which she was admitted to the hospital burn unit for three weeks and another month at a rehabilitation center. She had second-degree burns on her genital regions. She also complained of continuous pain and discomfort in the burned areas, particularly when sitting or attempting to sleep. She also had permanent dry skin and itching sensation necessitating frequent lifetime moisturization. Ms. Rifman appointed Elena Spivak-Bobko as her Power of Attorney and filed a lawsuit against Gregory Arms LLC who was the owner of her complex.
The Lawsuit
In her lawsuit against the owner of the apartment complex, Ms. Bobko contended that the owner of the complex should be held responsible. The hot water tank that served her apartment was installed at an exorbitant height. She also presented evidence and testimonies stating that the heater was in exclusive control of the Defendant. It was also proven that Ms. Rifman did not play any part in setting the temperature as the control was fully vested with the Defendant.. Defense witnesses also testified that only maintenance employees had access to the water heater, which was kept in a locked room in the basement of defendant's building. Based on this, the Court held that the Defendant was negligent. The court also held that Defendant’s negligence was the cause of Ms. Rifman’s injuries. Accordingly, a judgment was entered in Ms. Rifman’s favor, and she was awarded pain and suffering damages in the amount of $632,000 ($450,000 in past damages for a period of two years and seven months and $182,000 in future damages for a period of nine years). The Defendant appealed.
The Appeal
In Spivak-Bobko v. Gregory Arms, LLC, the Defendant appealed the trial judge’s decision. They asserted that the judge should have dismissed the case due to Ms. Rifman’s failure to establish prior notice of any issue with the hot water temperature and the excessive future pain and suffering award. Plaintiff contended that she had no control on setting the temperature of water in her heating system and the central control was with the Defendant only. Defense witnesses also testified that only maintenance employees had access to the water heater, which was kept in a locked room in the basement of defendant's building. The Appellate Court reviewed the trial evidence and held that Defendant was in complete control of the water heating system. Further, the Court added that an accident like this does not ordinarily occur in the absence of someone’s negligence. Appellate Court upheld Defendant’s liability but reduced the future pain and suffering damages to $100,000 based on its review of similar cases.
Sternberg Injury Law Firm
Sternberg Injury Law Firm offers complimentary consultations to those who have lost a loved one due to someone else's negligence. Our firm is dedicated to securing the highest possible compensation for you, with attorneys who are highly knowledgeable in Personal Injury Law. Once you choose to work with us, our attorneys will thoroughly assess your case, discuss your options, and explain how we can support you. We are able to handle burn cases throughout New York, including areas such as Coram, Hewlett, and Munsey Park. You can reach us via email, text, or by filling out our online contact form.