In J.H. v R & M Tagliareni, LLC, the New Jersey Supreme Court concluded that a landlord had neither regulatory responsibility over the heating system in a rental apartment nor a common law duty to cover the apartment’s radiator with insulating material.
A nine-month-old infant had been permanently scarred by burning from an “an uncovered, free-standing cast iron loop radiator” in an apartment leased from defendants. In a negligence suit, the trial court granted summary judgment for defendants on the claim of a duty imposed by regulations of the Department of Community Affairs and the common law. The building heating unit was controlled from a boiler room under the landlord’s control and there was no thermostat in the individual apartments, but each apartment could be controlled and “shut off by the tenants through valves located at the base of each radiator unit.”
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