Rivera v. Nelson Realty, LLC

My colleagues dismiss this action with the reasoning that as a matter of law, the failure to provide a radiator cover in an apartment in which young children are known to live does not create the type of hazardous condition for which a landlord may be held liable. In my view, this ruling ignores the legal duties of property owners.

Plaintiff Denise Rivera commenced this action on behalf of her son Aaron Rivera and herself, for injuries the three-year-old child allegedly sustained on October 30, 2001, when he suffered burns from contact with an uncovered radiator. Aaron was living with his…