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A Seminar and Technical Paper
for the
Annual ASPE Meeting
at the Indianapolis Convention Center
Indianapolis, Indiana
0ctober 25-28 1998

 

DOMESTIC HOT WATER SCALD BURN LAWSUITS:
THE WHO, WHAT, WHEN, WHY, WHERE, HOW

 

Dr. D. Bynum Jr. PLLC
Bynum Engineering
Montgomery, Texas

Vernon J. Petri, Attorney at Law
and
John T. Myers, Paralegal
Vernon J. Petri & Associates
Indianapolis, Indiana

ABSTRACT

An inordinate number of people of all ages suffer debilitating and sometimes fatal injuries, due to 2nd and 3rd degree hot water scald burns in sinks, showers and bathtubs each year. Young children and toddlers are especially vulnerable due to their tender skin and inability to take appropriate evasive action promptly. The elderly and handicapped are vulnerable due to their slower reaction time. People of all ages can incur seizures that extend their escape time. Even without a previous history or no expectation of seizures, burn injuries can occur due to a sudden change of hot water to a much higher temperature with the trauma of extraordinarily hot water then inducing a seizure,

The burns are normally classified as 1st, 2nd, 3rd, and 4th degree burns. First degree burns is a low skin penetration burn like sunburn. Second degree is a middle penetration burn causing blisters which often become infected when the blister breaks. Third degree is a full skin penetration burn that destroys nerves and will require skin grafts. Fourth degree is deep burns that go through the skin and into muscle and possibly bone, which often requires amputation of the extremities.

Scald burns occur when the time-temperature envelopes are exceeded. It is not a simple matter of temperature only. For example, third degree burns will occur in I second at 160 degrees, or in 30 seconds at 130, 10 minutes at 120, at about 10 hours at 110. But the pain threshold is only about 106-108.

Besides in the single family dwellings, a large number of burn cases originate in apartment complexes, hotel/motels, and housing projects. The incidents are due to thermostats set too high, faulty thermostats, and lack or malfunction of temperature and pressure balancing valves at the point of source. The burn injuries in single family dwellings occur for some of the same reasons and also due to the layering effects in small hot water heaters.

These are all accidents that could be, and should be, prevented. This is because the residential owner or renter, and the apartment renter is invariably in the inferior position of knowledge regarding the burn time-temperature relations, the physics of equipment malfunctions, and appropriate remedial actions.

As a consequence the identities at risk includes the housing owner, the leasing agent, the maintenance plumbing company, the plumbing designer, the plumbing contractor, and the hot water heater manufacturer.

In this seminar, the technical aspects of hot water scald burn will be discussed in detail by Dr. Bynum using various charts and diagrams. In those situations where due diligence is not given to the hot water temperature system, the possible consequences and legal liabilities will be discussed by Attorney Petri and Mr. Myers.

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