Parents of infant claimed that hot water temperature violated plumbing code
The parents of a baby who died after being scalded while being bathed in a kitchen sink have settled their wrongful death claims against the landlord and water heater manufacturer for $490,000.
An 11-month-old disabled infant and her two and a half-year-old sister were being bathed by their mother in the kitchen sink of their apartment. The mother left the kitchen for a moment and while she was gone, the baby's sister turned off the cold water leaving only hot water pouring from the faucet. Water exceeding 150 degrees poured over the infant, resulting in second- and third-degree burns over a third of her body.
The 30-gallon residential water heater that served the apartment was located in a closet in the apartment to which the tenant had access. The hot water heater was capable of heating water to at least 160 degrees Fahrenheit. At the time of the accident, the plumbing code in the applicable jurisdiction specified that hot water should be at least 120 degrees but no more than 140 degrees Fahrenheit. After the accident, the temperature of the water in the baby's apartment was found to be over 150 degrees.
Plaintiffs' expert found 18 different plumbing violations at the apartment, the apartment's plumbing system. The violations included the temperature of the hot water.
The parents filed a product liability wrongful death lawsuit against the landlord and the water heater's manufacturer. The parents were represented by James P. Lemonds and Andrea M. McNairy of St. Louis-based Brown & Crouppen.
The landlord and water heater manufacturer settled the parents' claim for $490,000 without admitting liability.
