Hot tap water can cause a third-degree burn in seconds, and it hurts small children and older adults most because they cannot pull away fast enough. If you or your child was scalded at a faucet, tub, or shower, whether anyone can be held responsible usually comes down to who controlled the water temperature and what they knew about it.
These burns are more common than most people realize. Researchers analyzing national hospital data counted 52,088 emergency department visits, 7,270 hospital admissions, and 110 in-hospital deaths from tap water scald burns between 2016 and 2018. Among children, tap water scalds account for 7% to 17% of all childhood scald burns serious enough to require hospitalization.
How Hot Is Too Hot
Water that feels only uncomfortable to an adult hand can destroy skin almost instantly. The U.S. Consumer Product Safety Commission publishes how quickly ordinary household water temperatures burn most adults.
| Water temperature | How fast most adults are burned (CPSC) |
|---|---|
| 150°F | Third-degree burns in about 2 seconds |
| 140°F | Burns in about 6 seconds |
| 130°F | Burns in about 30 seconds |
| 120°F | Third-degree burns possible after about 5 minutes |
Children and older adults are injured faster than those figures suggest. CPSC reports that most tap water scald injuries and deaths involve the elderly and children under five, and its central recommendation is to set the water heater no higher than 120 degrees Fahrenheit.
Why Children Are Scalded So Often
A toddler in a bathtub has almost none of the protections an adult takes for granted:
- Thinner skin that burns at lower temperatures and in less time
- No ability to climb out of a tub or step back from a sink
- Small hands that can reach a faucet handle years before understanding hot and cold
- Body surface area that means a bath scald often covers a large percentage of the skin
These burns also happen well outside the bathtub, at a kitchen sink a child is playing in or in a bucket of cleaning water left on the floor. Because they tend to cover broad areas, they frequently mean skin grafts, months of wound care, and permanent scarring.
Illinois Water Temperature Rules That May Matter to Your Case
Illinois has no single statute setting the temperature of every tap, but several enforceable standards apply, and a violation can be strong evidence of negligence.
- Showers and shower-bath combinations. The Illinois Plumbing Code requires an automatic safety water mixing device on shower compartments and shower-bath combinations, adjusted to a maximum setting of 115 degrees Fahrenheit at installation (77 Ill. Adm. Code 890.690(b)). A water heater thermostat by itself does not satisfy that requirement.
- Nursing homes. In Illinois skilled nursing and intermediate care facilities, hot water available to residents at shower, bathing, and handwashing fixtures may not exceed 110 degrees Fahrenheit, and facilities are expected to use mixing valves, restrict access to controls, and check temperatures daily (77 Ill. Adm. Code 300.3130).
- Chicago rental housing. Chicago’s building code requires units served by common water heating facilities to receive hot water of at least 120 degrees Fahrenheit at every outlet during daytime hours (Municipal Code of Chicago 13-196-430).
That last rule explains a lot of these injuries. A building can be required to send hot water into an apartment at a temperature that will scald a child, which is why mixing and anti-scald valves at the fixture, rather than a turned-down tank, are the accepted fix.
When a Landlord or Property Owner May Be Responsible
Illinois abolished the old distinction between invitees and licensees. An owner or occupier of a property owes people who enter it reasonable care under the circumstances as to the condition of the premises (740 ILCS 130/2). The Act left the rules for trespassers, including child trespassers, unchanged (740 ILCS 130/3).
A landlord is not automatically responsible for everything that happens inside a rented unit. A claim usually rises or falls on whether the landlord kept control of the water heating system, promised or attempted repairs, hid a defect the tenant could not have found, or ignored a code requirement. Unanswered written complaints about scalding water are often the most important documents in the file, and our Chicago premises liability attorneys look for that paper trail first.
Being partly at fault does not end a claim. Under Illinois comparative fault rules, you are barred from recovering only if you are found more than 50% responsible; otherwise your damages are reduced in proportion to your share of the fault (735 ILCS 5/2-1116).
Others Who May Share Responsibility
- Babysitters, nannies, daycare staff, and other caregivers who bathed a child in water that was too hot
- Plumbers or contractors who installed or removed a mixing valve improperly
- Hotels, gyms, group homes, and hospitals with fixtures that deliver unsafe water
- Manufacturers, if a water heater or anti-scald device failed as designed
Claims tied to the construction or design of a plumbing system carry their own clock. They generally must be filed within 4 years of when the problem was discovered or should have been discovered, and in most cases no more than 10 years after the work was done (735 ILCS 5/13-214).
When a Scald Is Not an Accident
Some tap water burns on children are inflicted deliberately. Burn specialists look closely at scalds with sharp waterlines, glove or stocking patterns on the hands and feet, sparing of the palms and soles, and injuries that do not match the explanation given. If you suspect a child is being abused, you can call the Illinois DCFS Child Abuse Hotline at 1-800-25-ABUSE (252-2873).
Someone who intentionally burns a child can face criminal charges and a separate civil claim for damages. The two cases proceed independently, and the criminal outcome does not decide the civil one.
What to Do After a Tap Water Burn
- Run cool, not cold, water over the burn for at least 15 to 20 minutes
- Skip ice, butter, and ointments, which can deepen the injury
- Get emergency care for any burn larger than the person’s hand, any burn on the face, hands, feet, genitals, or a major joint, and any blistering burn on an infant or older adult
- Photograph the injury, the fixture, and the water heater setting
- Measure the tap temperature with a candy or meat thermometer and write down the reading
- Report the problem to the landlord or manager in writing and keep a copy
- Save medical records, bills, and receipts from the first day
Illinois Filing Deadlines
Most Illinois injury claims must be filed within two years of the injury (735 ILCS 5/13-202), and a wrongful death claim generally within two years of the death (740 ILCS 180/2). A child’s claim is treated differently: if the injured person was under 18 when the claim arose, the two years usually run from their eighteenth birthday (735 ILCS 5/13-211).
One earlier deadline catches people off guard. If the property owner is a local public entity, such as a public housing authority, the claim generally has to be filed within one year (745 ILCS 10/8-101). Missing that shorter window can end an otherwise strong case, so confirm who owns the building early and read more about how Illinois filing deadlines work.
If your child was hurt, our Chicago child injury lawyers and scalding injury attorneys can explain what a claim would involve, as can our Illinois burn injury team statewide.
Frequently Asked Questions
How long should you hold a tap water burn under cool water?
Burn care guidance is to run cool, not cold, water over the area for at least 15 to 20 minutes, or until the pain eases. Ice, butter, and home remedies can make the injury worse. Cooling the burn is a first step, not a substitute for medical evaluation.
How do you know if a water burn is serious?
The American Burn Association advises seeking emergency care if the burn is larger than the injured person’s hand, involves the face, hands, feet, genitals, or a major joint, causes blisters on a baby or an older adult, or leaves skin looking charred or white. Any scald on an infant deserves a same-day medical opinion.
What temperature should my water heater be set to?
The Consumer Product Safety Commission urges households to set water heaters to 120 degrees Fahrenheit. Even at that setting, a five-minute exposure can cause third-degree burns, so hand-testing water before bathing a child still matters.
Can I sue my landlord for a hot water burn in Illinois?
You may be able to. An owner or occupier owes reasonable care as to the condition of the premises (740 ILCS 130/2). Whether a landlord is responsible generally depends on who controlled the water heating equipment, whether the landlord knew about the problem, whether repairs were promised, and whether a code requirement was ignored.
Does it matter that I turned on the tap myself?
Not necessarily. Illinois follows modified comparative fault, so recovery is barred only when a party is more than 50% at fault (735 ILCS 5/2-1116). If you are found partly responsible, your damages are reduced by your percentage of fault rather than eliminated.
How long do I have to file a tap water burn claim in Illinois?
Generally two years from the date of injury (735 ILCS 5/13-202). If the property is owned by a local public entity, the deadline is usually one year (745 ILCS 10/8-101), and claims involving how a plumbing system was designed or built have their own 4-year and 10-year limits (735 ILCS 5/13-214).
Does the deadline change if a child was burned?
Usually. A person who was under 18 when the claim arose generally has two years after turning 18 to file (735 ILCS 5/13-211). Waiting that long is rarely wise, because evidence about water temperatures and repair requests disappears quickly.
Are nursing homes held to a different water temperature standard?
Yes. Illinois skilled nursing and intermediate care facilities may not let hot water at resident shower, bathing, and handwashing fixtures exceed 110 degrees Fahrenheit, and they are expected to use mixing valves, limit access to controls, and check temperatures daily (77 Ill. Adm. Code 300.3130).
If you or your child was burned by tap water in Illinois, we can review what happened and explain your options at no cost. Contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
This article is general information about Illinois law, not legal advice about your situation.
