Tap Water Burn Information Center

What is a tap water burn?

A tap water burn is simply a burn (First, Second, Third, or Fourth degree) caused by exposure to hot water.  The burn sustained from the exposure varies depending upon the temperature of the water and the length of the exposure.  The age of the person exposed can also play a role in the type of burn sustained.

Toddlers and young children are at the highest risk of being scalded by hot water.  It is easy to receive third degree burns from exposure to hot tap water, which comes from not only hot drinks and pots cooking on the stove, but from bath water.  An approximate one-second exposure to 160° F water will result in third degree burns.¹  Where the water is 130° F, an approximate half-minute exposure will result in third degree burns.²   This is the reason that the Consumer Product Safety Commission suggests that water heaters be set to a maximum temperature of 120° F, even though an approximate ten minute exposure to water heated to this temperature can result in third degree burns.

What are the obstacles to obtaining remedies?

Burns caused by tap water, where not intentionally heated on a stove or other heat source, are often caused by incorrect settings on hotwater heaters or broken thermostats on hotwater heaters.  Other factors include the lack og tempering valves and what is known as the layering effect.  The layering effect is created where water is heated after a hot water draw is completed (i.e. - a shower is taken) and the newly heated water is at the top of the hot water heater to be used next.   The result is the use of the quickly heated, often overheated water, first - increasing the chances of burns.  It is often the case that these factors create liability on the part of the water heater manufacturer, the plumbing engineer, the plumbing contractor, the maintenance plumber, and the owner and leasing agent of rental property.  However, these parties will defend themselves wherever possible, making recovery of damages less likely in some cases.

Another obstacle is the expense of litigation.  It is the injured party's decision whether or not to litigate.  Talking with other persons, including an attorney, can help an injured party determine whether it is possible to recover compensation sufficient to cover the costs of litigation.  Frankly, the injury may not be severe enough to justify the time and costs of litigation.   However, it is not always about money, but is a matter of conscience.

How do I decide who should represent me in court?

It is an important decision, which should be made only after discussing the situation with the attorney and determine whether the attorney can sufficiently protect your interests.  Factors to help you make this decision include:

• The expertise of the attorney with the subject area of the litigation.
• The experience the attorney to be representing you has with similar malpractice cases.
• The knowledge of the attorney, and whether the knowledge is current.
• The resources of the attorney.
• The attorney's fee and the method of payment.
• The reputation and experience of the experts which the attorney utilizes.

Attorneys do not take lightly the idea of retaining clients to sue others in frivolous suits.  Suing people is a laborious process, as well as an emotionally exhausting exercise, through which one party is going to be injured.   Often, neither party wins in the end.  Make sure that the attorney you choose to represent you has your best interests in mind.  This does not mean that the attorney who will give you the best deal, when you first enter the office, is the attorney you should hire.  The choice should be made deliberately and carefully.  Make sure the attorney you choose is thorough and chooses to sue only after understanding the issues of the case.

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1.  Domestic Hot Water Scald Burn Lawsuits - The Who, What, When, Why, Where How; Dr, D. Bynum Jr, Vernon J. Petri, et. al.; Annual ASPE Meeting; Indianapolis, Indiana; October 25-28, 1998.

2.  Id.