Hurt by Hot Water in a Rental? Talk With El Gringo Law.

A tenant may have a claim against a landlord when carelessness causes a scald burn. Whether a claim exists depends on the facts, including what the landlord knew and how it responded.

Can a Tenant Sue a Landlord for a Scald Burn in New Mexico?

A tenant may be able to bring a premises liability claim when a landlord’s negligence causes a scald burn. Premises liability means a property owner or occupant can be responsible for hazards on the property.

New Mexico’s uniform jury instruction says an owner or occupant owes a visitor a duty to use ordinary care to keep the premises safe for use by the visitor (UJI 13-1309 NMRA). Ordinary care is the care a reasonably prudent person would use, and the care required grows as the foreseeable danger grows (UJI 13-1603 NMRA).

Each case turns on its own facts, including the lease terms and who controlled the hazard. A negligence claim generally needs a duty, a breach of that duty, and a breach that was a proximate cause and cause in fact of the injury (Herrera v. Quality Pontiac).

This page is for tenants burned in apartments, houses, or rooms in Albuquerque, Rio Rancho, and Bernalillo and Sandoval counties. Family members and guests hurt in a rental may face similar questions.

How Scald and Burn Injuries Happen in Rental Properties

Scald burns in rentals can start with water that runs hotter than expected. Common sources include:

• A water heater set too hot, or a faulty thermostat or mixing valve that lets water run hotter than intended.
• Shower, tub, or sink fixtures that fail or suddenly send hot water.
• Broken or leaking hot-water lines, and appliances that malfunction.
• Fire, electrical, or heating-equipment hazards, plus chemical burns from cleaning products left within a tenant’s reach.

The cause matters because it shows how the hazard arose and who controlled it. A common mistake is reporting a hot-water problem only by phone, with no written record. The American Burn Association fact sheet compiles burn incidence and cause statistics.

What a Burn Injury Claim Can Include

Burn cases usually involve losses you should document from the start.

• Medical costs: emergency care, hospital stays, skin grafts or surgery, wound care, and follow-up visits.
• Lost pay: time away from work during recovery, or limits on the work you can do later.
• Scarring and disfigurement: these can last long after the wound heals.
• Emotional effects: anxiety, sleep trouble, or fear of water or heat. Counseling and doctor notes help record these.
• First-degree versus deeper burns: doctors use burn depth to describe an injury. A claim also looks at how the burn happened and the treatment and losses that followed, so a burn that looks minor can still matter.
• Chemical burns: these often need ongoing care. The product, where it was kept, and who controlled that area are key facts.

No reliable dollar figure can be given without reviewing your records and the facts of your case.

What Evidence Helps Show the Landlord Knew or Should Have Known

The commentary to UJI 13-1309 NMRA says no duty exists when a landowner lacks reason to know an obviously dangerous condition poses an unreasonable risk of injury.

Gather these items as early as you can:

• Repair requests, texts, emails, and portal messages about hot water, leaks, fixtures, or heating.
• Work orders, maintenance and inspection records, and earlier complaints from other tenants.
• Photos and video of the fixture, water heater, and injury area, taken when it is safe.
• Medical records and bills showing the burn’s depth, location, and care.
• Names and contact details of witnesses, including other occupants and people who helped right after the injury.

Keep the item involved. Before anyone repairs, replaces, or throws away the water heater or fixture, check with the firm first.

How the Process Works and Time Limits in New Mexico

A burn claim usually moves from consultation to investigation, then to a demand on the landlord or its insurer, and to a lawsuit only if needed.

1. Free, confidential consultation. You describe the injury, the rental, and any notice given to the landlord. The first consultation is free, confidential, and carries no obligation to continue.
2. Investigation. The firm reviews records, requests documents, and can arrange an inspection of the hazard.
3. Review of fault and losses. Medical records and bills are matched against how the burn happened.
4. Demand and negotiation. If the facts support a claim, the firm presses the landlord or its insurer for a fair resolution.
5. Lawsuit if needed. Some claims resolve through negotiation. Others need a court case.

Under New Mexico’s comparative negligence instruction, UJI 13-2218 NMRA directs the jury to reduce the plaintiff’s total damages by the percentage of the plaintiff’s negligence when the injury was caused by both the defendant’s and the plaintiff’s negligence. Under its Use Notes, this instruction is used only on a general verdict without special interrogatories, and only where negligence is not apportioned among defendants or non-parties.

Before substantial work begins, New Mexico requires a written statement of the fee basis and whether, and to what extent, you are responsible for costs and expenses (Rule 16-105 NMRA).

New Mexico law requires actions for an injury to the person or reputation of any person to be brought within three years (NMSA § 37-1-8). Other rules can change the deadline, so an early review protects your options.

Why Work With El Gringo Law on a Burn Injury Claim

El Gringo Law represents people hurt in New Mexico. The firm handles premises liability, burn injury, catastrophic injury, and car accident matters.

Josh Wood, licensed in New Mexico and Arizona, is the responsible lawyer for this page. Our team serves people in Albuquerque, Rio Rancho, Santa Fe, and Las Cruces.

At the first meeting, you can expect a direct review of your facts, an explanation of your options, and clear answers about next steps.

Every case is different. Past results do not predict a similar outcome, and no particular result is promised here.

Frequently Asked Questions