• Kusimulkku@lemm.ee
      link
      fedilink
      arrow-up
      16
      arrow-down
      4
      ·
      8 months ago

      Any judge in NY would call hot water required for human habitation by invoking “common sense” based on human body’s propensity for hypothermia under colder temps

      I’m not sure that particular argument works that well. You won’t go into hypothermia because you don’t have hot running water. It would be better argument for fixing the heat.

      It’s certainly something that’s reasonable to assume to be working though, so I think “fit for uses reasonably intended” is the sounder argument here.

      • Avg@lemm.ee
        link
        fedilink
        arrow-up
        9
        ·
        8 months ago

        Water gets real fucking cold during the winter, it costs me way more to heat water during the winter than summer, usually 4 times more.

      • nifty@lemmy.world
        link
        fedilink
        arrow-up
        6
        arrow-down
        1
        ·
        8 months ago

        Fair point, I think a good lawyer could argue the “cold water can make my client sick” argument though, or even a judge could come to that conclusion in a small claims court.