DESHLER v. EAST WEST RENOVATORS, INC.


275 A.D.2d 252 (2000)

712 N.Y.S.2d 518

JULIEN D. DESHLER, an Infant, by His Father and Natural Guardian, STEVEN F. DESHLER, et al., Respondents, v. EAST WEST RENOVATORS, INC., et al., Appellants. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided August 17, 2000.


The evidence is uncontradicted that the infant's babysitter, who had never before been asked to give the infant a bath, had no reason to know that the bathtub water was prone to suddenly turning scalding hot, and immediately turned off the water and removed the infant from the tub when such occurred. There being no evidence of any negligence on the part of the babysitter, the only possible basis for finding plaintiff father at fault for the infant plaintiff's injuries would...

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