Woman sues apartment owners after stove explodes

David Yates Apr. 22, 2008, 4:52am

David Starnes

An exploding stovetop splashed scalding hot water all over Ena H. Davis's face. Davis claims her three minor children, who witnessed the incident, were traumatized.

Alleging the apartment complex she lives in was responsible for the stove's faulty condition, Davis filed suit against Concord Manor Apartments on April 17 in the Jefferson County District Court.

According to the plaintiff's petition, on April 18, 2006, two Concord employees performed maintenance on Davis' stove. The following day, she placed a pot of water on the stove and turned on the burner.

After several minutes, Davis "approached the stove to check on the water when there was an electrical short and an explosion in the upper part of the stove, throwing the pot off the stove and splashing the now-boiling water onto Plaintiff's face, neck, shoulders and chest," the suit said.

"She sustained serious physical and emotional injuries. Plaintiff's minor children … witnessed the explosion and the injuries sustained by Davis."

The suit goes on to list the following acts of alleged negligence:

  • Failing to provide adequate maintenance for their tenants;
  • Failing to provide security and a safe residential environment for Plaintiff;
  • Failing to instruct and/or train their employees on the proper safety procedures to avoid incidents such as the one made the subject of this lawsuit;
  • Allowing and permitting the premises to become and remain in an unreasonably dangerous condition;
  • Failing to inspect the premises to be certain that the premises were in good, safe and proper condition;
  • Failing to safeguard their tenants by properly maintaining their equipment;
  • Failing to implement and enforce safety policies;
  • Failing to discover unreasonably dangerous conditions upon the premises;
  • And in ignoring this foreseeable and preventable hazard.

    The three count suit also faults Concord Apartments with breach of implied warranty and breach of contract.

    Davis is suing for past and future medical expenses, impairment, disfigurement and mental anguish. She is also suing for mental anguish on behalf of her children.

    Davis is represented by attorney David Starnes.

    Judge Donald Floyd, 172nd Judicial District, has been assigned to the case.

    Case No. E181-613

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