BiggerPockets

I just prepped 3 rental units, and I set the hot water heater temperature on each one just to not have this sort of situation. I run the water until it gets really hot, and then place a dial thermometer with numbers on the dial into the stream of water (the thermometer is one of those instant read meat thermometers, not some infr-red device). Between 110 and 120 degrees F is the target. Takes some playing with the hot water heater to get this into that range; I always try to take the reading just after the hot water heater has turned off from a heating cycle, since that is when the water has been heated to the thermostat setting.

Sorry that I don't have much else to suggest on this; I suspect at some point you will end up evicting this tenant. I wouldn't be shocked if you were to be named the defendant in a lawsuit due to this scalding incident; ignorance ("personally i didnt even know they had scald protectors") is usually not an acceptable excuse.

Whether you are liable or not is a matter for a judge (I never said you were liable) - being named a defendant in a case like this is just part of being the property owner. If this tenant hires an attorney to sue for damages due to this scalding incident, the attorney will certainly be looking to go after assets - and you have one, and it's not a stretch at all to think that a lawsuit might be coming your way.

I agree that anybody can adjust (tamper with) the water temperature, if they have access to the water heater.

Unfortunately our judicial system has taught these idiots that they should be protected from themselves. I'd personally place the blame on the parents for not supervising their children, but I assume that's why I've never been elected a judge.

I would seek the advise of a lawyer, I have been sued for a LOT less than this.

The hot water heaters all have some temperature controls already. Setting it to the proper temperature is one part of the picture, and I posted earlier on how I do that.

The other part of the picture is that bath faucets have scald-safe limiters built-in; these also need to be set up and adjusted properly to limit the temperature that can be produced at the faucet. Some of these are just mechanical devices that limit the valve rotation - they don't really measure the temperature at all.

So, both of the above should be done for avoidance of this type of scalding situation.

And I always snicker when I get dishwasher manuals, that say to set the hot water temperature above 120F - yeah, go ahead and do that and have somebody get scalded as a result. just because some idiot at the dishwasher manufacturer wants the water hotter for better dish cleaning doesn't mean you should actually do that.

Oh, and if you have winter-summer hook-ups on your hot water - you might want to re-think doing that for rentals. Just because of this type of stuff (and the fact that most tenants wouldn't get the valves rotated into the proper position for that to work correctly).

Really between the rock and a hard place. If the infant is still in ICU after two months, must be serious burns, and even if mom's being investigated and the kids may be taken away from her, you can also be expected to be put under the microscope as well.

The time for you to seek a good lawyer has come. Even if it only results in an eviction, find a good one and let them handle it. This isn't a routine eviction for non-payment and you need good legal advice, like don't say anything. Right now, as they say, anything you say (or do) can be held against you. Probably not a good idea right now to offer the "I didn't know about limiters" defense.

As far as that "I'm not liable" stance, consider this: You're the landlord/owner. Chances are if you read your state's statutes, landlords are responsible for providing safe housing, and yes, that likely means protecting tenants from themselves to some degree. I imagine this has happened before and any legal beagle can cite past cases in your state. Saying "I didn't know about limiters" could be interpreted along the lines of the 5 year old saying "I didn't know it would be that hot" except they'll say "you're not a five year old, you should have known." You seriously need to talk to a lawyer, especially if you're already under the microscope, and double check that liability insurance policy, even if turns out to be nothing, protect yourself now. Good luck.

Oh, and I would recommend changing your personal settings here on BP. There is an option to only show first initial and last name, and it also doesn't show your name to the search engines. Josh recommended this to me when I didn't want my BP posts to show up in an internet search for my name. Just a suggestion.

hey scott, i've being sued right now because one of my tenants plays their music too loud at night, and so another one of my tenants has trouble sleeping...free legal aid will take any case it seems...it probably won't be as bad as you think...most judges aren't total idiots (at least here in charlotte)...have you talked to the mother? try to work something out with her...hell, give her the deposit back so she can move on and so you can too..otherwise, i agree it's time to chat with a good attorney...good luck

Wow, this is a rough situation with no easy out.

have you talked to the mother? try to work something out with her...hell, give her the deposit back so she can move on and so you can too..

This seems like the wisest advice on here.

I think you can tell her that she has not paid her rent and that you understand that she is going through a hard time and it would be in no one's interest to start an eviction.

I thought most dishwashers heat the supplied hot water to even higher temps than the hot water heater provides. So nobody should be tempted to crank up the thermostat on their hot water heater just to clean their dishes. The "booster", as I believe it's called, in the dishwasher should take of it by itself.

^ Good luck Scott. Whatever you decide, it seems to me like you need to put your own interests ahead of theirs if there is a likelihood of being sued.