Defendant, a landlord, did not maintain hot water heater properly, which Pl. alleges was the cause of her putting two pots of water to boil, banging them both together, and water being caused to spill out onto her knee and feet.
-The Def.’s failure to provide heat and hot water to the premises was not the proximate cause, as a matter of law, of the injuries sustained by the Pl.
-The act of boiling water was not the direct cause of the injuries.
When a defendant’s conduct is a cause-in-fact of a Pl.’s harm, the foreseeability approach treats the conduct as a proximate cause of the harm if the possibility of that harm was within the range of risks that supported the original characterization of the def.’s conduct as negligent.
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