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Hot Water

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ATLA   L i t i g a t i o n   G r o u p
Vernon J. Petri Chairman

| Introduction | Tap Water Burn Resources |
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Defective Water Heaters |
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Third Degree

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INTRODUCTION

Over 8,000,000 hot water heaters are manufactured in the US each year. There were about 60 million gas water heaters in use in the US in 1988 (we do not have later data). Most of the hot water heaters are extremely dangerous when installed with usual temperature settings and conditions.

Expected hot water temperatures lack fidelity because of inaccuracies or defects in the thermostats, tempering valves are rarely included in the heaters for residential use, and all of these problems are compounded by the layering or stacking phenomenon. The layering problem is the condition where by laminar flow the hottest water rises to the top of the heater after a hot water draw is completed. So the next hot water draw temporarily produces water at an excessively high temperature.

These conditions and others combine to put so many individuals at risk. But the heater manufacture, the plumbing engineer, the plumbing contractor, the maintenance plumber, and in the case of rental property, the owner and the leasing agent are all at high risk in lawsuits when adequate temperature control is not addressed, causing scald burn injuries.

According to data from the National Safe Kids Campaign, 4000-5000 children are scalded each year, most often in bathtubs. The average bathtub scald burn covers 12% of the body surface with a full thickness third degree burn. Statistics from the National Safe Kids Campaign indicate that the scald burn sources were 95% residential settings, 54% in apartment house, and 46% in single family homes.

The resulting scald burn injuries are invariably horribly painful for the victim, with continuing trauma without end. With the deeper burns and large percentage of total body surface injured, the problems do not end with wound closure.

Our equation for approximately determining the total body surface of skin is given at the top of Plate 1. Using this equation, given the height and weight, the approximate total body surface can be determined.

With children the treating surgeon must periodically "release" the skin as it becomes tight from growth, since grafted skin does not stretch in a normal manner. Without these serious, continuing surgeries until the victim becomes an adult, the muscles would pull the bones into grotesque configurations. And then there is the emotional trauma of ugly scar tissue.

Very often, one or more of the responsible identities get successfully sued, with enormous costs to all of society. It does not have to be this way.

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