On February 11, 2004, plaintiff, a 30-year tenant, feeling faint after taking arthritis medication for the first time, sat on the closed toilet seat in his apartment bathroom, placed his head in his hands and passed out. In doing so, plaintiff, who had no history of fainting spells or seizures, fell against a hot steam riser pipe located 16 to 24 inches from the toilet, near the back wall, and sustained second- and third-degree burns on the back of his neck. Plaintiff testified...
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