Premises Liability

Mr. Van Etten received a defense verdict in the Supreme Court, County of Bronx on
February 1, 2019 in a Premises Liability/Negligence case involving a then 16 month
infant female who was burned as a result of an alleged failure to properly maintain an
oven in a leased apartment. The infant sustained a 22% TBSA, Second Degree burns,
primarily to her face and both of her lower extremities. The defense argued that the
infant was not burned in the manner described by her step-father and that plaintiff’s
expert’s “delayed ignition” theory for explosive event was not supported by the post
incident inspection of the oven and stove four days after the incident. Additionally,
despite a “missing evidence” charge arising from defendants disposal of the
stove/oven six days after the incident, the defense argued that the disposal was done in
the regular course of business based on the issuance of a “red tag” by Con Edison
after their inspection revealed a corroded burner bar on the stove. Copies of the NY
Law Journal report of the verdict are available on request.