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In Brooklyn, New York, a man suffered severe burns after falling into a bathtub filled with hot water in an apartment on Herzl Street. The faucet was running extremely hot water while he was preparing to bathe, and as he attempted to cool the water temperature, a sudden seizure caused him to lose balance and fall into the tub. Davis, Saperstein & Salomon, P.C. Partner Steven Benvenisti filed suit in the Supreme Court of New York, Kings County, proving that the apartment building’s management was negligent in failing to regulate the hot water temperature as required by the local Board of Health, and won the client a $450,000 settlement.
The injured man was taken to Staten Island University Hospital where he was diagnosed with second and third-degree burns to his face and shoulder. He underwent wound treatment and courses of antibiotics and continues to endure severe scarring and disfigurement on his face. The defendant tried to avoid settling the case by saying that a sudden medical emergency was the cause.
Davis, Saperstein & Salomon, P.C. hired medical experts to author narrative reports proving the permanent nature and proximate cause of the client’s injuries. These reports proved that the water temperature was excessively high, causing severe burns during the time of the incident. To prove the proximate cause of the client’s injuries, Partner Steven Benvenisti hired an engineering expert, who found patterns of unsuccessful repairs of the hot water control, and the superintendent’s failure to address the overall ‘gushing’ hot water issue despite their awareness of the client’s seizure and hazard risk. He opined that the building management violated multiple New York City building regulations and was ultimately responsible for the malfunctioning bathtub mechanics that led to the injuries.
The experts’ reports helped Partner Steven Benvenisti prove the building management was responsible for the man’s injuries and won the client a settlement for his injuries, pain, and suffering.
Settlements are often limited by the total available insurance coverage. Insurance company adjusters and their lawyers often defend cases by claiming that a client was negligent and could have avoided being injured by arguing comparative negligence on the part of an injured client; or that their pain and suffering was caused by pre-existing medical conditions or prior injuries. Despite those defenses, the Davis, Saperstein & Salomon, PC lawyers won their client’s injury claim. Each client’s case is unique. Results may differ because of different facts, circumstances, and available insurance coverage.
Call us now for a free and confidential case evaluation. We are also available 24/7 online at our website, www.dsslaw.com.
Medical Glossary:
Second-degree burns: Also known as partial-thickness burns, these injuries affect the outer layer of skin (epidermis) and the underlying layer (dermis). They typically cause pain, redness, swelling, and blisters. Healing generally occurs within a few weeks, and scarring may be possible depending on the severity.
Third-degree burns: Also referred to as full-thickness burns, these are severe injuries that damage the entire thickness of the skin, including deeper tissues. They can result in a white or charred appearance, insensitivity to pain due to nerve damage, and potential scarring. Third-degree burns require medical attention and often involve skin grafting to aid healing.
