Petikyan

FACTS AND PROCEDURAL BACKGROUND

I. Facts

In July 2013, Susana Petikyan (Susana) was scalded with hot water in the shower/tub of the apartment rented by her mother, Zina Petikyan (Zina).1 Although, at the time of the incident, the cold water valve in the shower/tub and the diverter that directs water either to the tub spout or the showerhead were working properly, Susana stepped into the shower and turned on just the hot water without checking where the water was directed; it came out of the showerhead, hot, and scalded her within 15 seconds. The apartment Zina rented was part of a 13-apartment complex owned by Elk St. Properties, which was in turn owned by David and Behnaz Karlin. The complex had a single water heater. The water heater had been professionally installed eight to ten years prior to the incident. That heater had a minimum temperature of 120 degrees Fahrenheit, and the plumber who installed the heater set the temperature above that minimum; neither the owners nor their apartment manager subsequently changed the water heater’s temperature setting. During the intervening eight to 10 years, no one complained to the owners or apartment manager that the water coming…