Man burned by excessively hot tap water: Failure to properly inspect premises, test thermostat: Burns: Finger amputations: Verdict

Law Reporter, Dec 2004

Zisk v. Silver-man, Fla., Btoward County Cir. Ct., No. 02-012211, Dec. 11, 2003.

Zisk, 81, turned on the hot tap water in a privately owned condominium he was renting in a retirement community. The water was too hot, and Zisk suffered burns to his hands in excess of third-degree, requiring total surgical amputation of two of his fingers and partial amputation of a third. He was hospitalized for three months and spent several more months in a rehabilitation facility. His past medical expenses were about $170,000, and he is expected to require future care and surgery for his hand. A retiree, Zisk did not claim lost income.

Zisk and his wife sued the condominium owner, alleging negligent maintenance of the premises, failure to inspect, and failure to test the thermostat before renting the unit.

A jury awarded plaintiffs $925,000, including $200,000 to Zisk's wife for loss of consortium.

Plaintiffs' experts were Nicholas Namiais, burns, Miami, Fla.; and E.D. Bynum, engineering, Montgomery, Tex.

Plaintiffs' Counsel

*Gary M. Farmer Jr., Weston, Fla.

*Mark A. Glassman, Weston, Fla.

Documents in the Zisk v. Silverman case are available through the Court Documents section in the back of this issue, courtesy of Mr. Farmer.