Sarno v. Hoffman

In Sarno v. Hoffman, 110 Ga. App. 164 (138 S.E.2d 96) (1964) a motel guest was standing under a shower when the water suddenly and without warning became scalding hot. He charged the operators of the motel with negligence because, among other things, the water pressure was uneven and the temperature of the water was too high for bathing. For two reasons, Sarno presented a much stronger case for liability than does this case. First, the motel owed its guest a duty to avoid injuring him through negligence. Second, the guest could not have done anything to avoid being scalded by the water. Yet, it took a divided court to allow even the plaintiff in Sarno to proceed to a jury on a negligence theory.