Can You File a Lawsuit for Carbon Monoxide Poisoning in an Apartment?

Can You File a Lawsuit for Carbon Monoxide Poisoning in an Apartment?

Some of the biggest dangers to our health are things we can’t see. Carbon monoxide (CO) is a colorless, odorless gas that can be deadly when inhaled in high concentrations. Each year, over 400 people in the US die from exposure to carbon monoxide, while over 14,000 are hospitalized. 

Since it is nearly impossible to detect without specialized sensors, tenants in apartments often have no warning before exposure. When carbon monoxide poisoning occurs in a rental property, the legal question many tenants face is, “Can I file a personal injury lawsuit against my landlord or another liable party?”

The quick answer is yes, in many cases, you can file a carbon monoxide lawsuit. However, a successful claim depends on proving negligence and liability. At Hill & Moin LLP, we help victims of CO poisoning get justice and compensation for injuries inflicted on them by negligent property owners. 

What Causes Carbon Monoxide Poisoning in Apartments?

Carbon monoxide is produced when fuels like natural gas, oil, propane, charcoal, or wood do not burn completely. With proper ventilation and safety measures, most appliances and equipment that release carbon monoxide gas are safe for use. However, there are some situations where apartment residents can be exposed to CO. 

Common causes of carbon monoxide poisoning in apartments include:

• Faulty gas appliances: Gas stoves, ovens, furnaces, or water heaters improperly maintained can produce dangerous amounts of carbon monoxide.

• Blocked or damaged vents and chimneys: Ventilation systems that are clogged, broken, or improperly installed can trap carbon monoxide inside. 

• Malfunctioning boilers or furnaces: Central heating systems in apartment complexes, if poorly maintained, can leak carbon monoxide into multiple units. 

• Lack of carbon monoxide detectors: Many states and cities require landlords to install working CO detectors. If a landlord fails to install or maintain them, tenants may have no warning of a leak. 
• Neighboring unit issues: A CO leak in one apartment can spread to others. This is especially true in multi-unit buildings with shared ventilation systems. 

Symptoms of Carbon Monoxide Poisoning

Carbon monoxide is often called the “silent killer” because it is an invisible, odorless, and tasteless gas yet highly toxic. By the time a person shows symptoms, the injury is already serious and requires immediate medical attention to prevent possible death. 

Symptoms of carbon monoxide poisoning include:

• Dizziness, nausea, or vomiting
• Chest pain or difficulty breathing
• Blurred vision
• Confusion or brain fog
• Loss of muscle control
• Drowsiness
• Loss of consciousness

Carbon monoxide poisoning is one of the most common premises liability cases we see. To find out how we can handle your case, don’t hesitate to call us.

What to Do If You Suspect Exposure to Carbon Monoxide

The steps you take if you suspect you have been exposed to CO can mean the difference between life and death:

• Get to fresh air immediately. Leave the apartment and go outside.

• Call 911. Emergency responders can test CO levels, notify other tenants of the hazard, and provide medical assistance. 

• Seek medical care right away. Even if you feel better after leaving the building, CO can still be in your system and have delayed effects.

• Do not re-enter until cleared. Only return to your apartment once professionals confirm it is safe.

• Notify your landlord in writing. Document the incident and request an immediate inspection and repair. 

• Preserve evidence. Take photos of appliances, vents, and detectors. Keep medical records and note any symptoms.

• Contact a personal injury lawyer. An experienced lawyer can investigate the cause of the accident, identify liable parties, and pursue compensation. 

When You May Have Grounds for a Personal Injury Lawsuit

A carbon monoxide poisoning lawyer can review your case and let you know whether you have grounds to file a lawsuit. 

You may have a valid personal injury claim if:

• The landlord or property manager knew or should have known about the danger
• The landlord violated health and safety codes
• The exposure caused you harm
• The poisoning was preventable if the landlord had taken reasonable precautions. 

Who Can Be Held Liable for Carbon Monoxide Poisoning in an Apartment?

Your personal injury lawyer will work to identify all parties liable for your exposure to carbon monoxide and hold them liable for your damages. Depending on the circumstances, one or more of the following parties may be at fault. If you’re not sure whether this information applies in your case, please give Hill & Moin LLP a call.

Landlords and property owners

Landlords have a legal duty to maintain safe living conditions. They are the most common parties liable in cases of carbon monoxide poisoning. 

Property owners may be liable if they:

• Failed to install carbon monoxide detectors as required by law
• Ignored tenant complaints about faulty appliances
• Neglected regular inspection and maintenance of heating systems
• Failed to address known ventilation or exhaust problems

Property management companies

If a management company oversees the building’s maintenance, they can share liability for failing to repair or replace hazardous equipment. That could also be liable for failing to ensure compliance with safety regulations. 

Maintenance contractors

Heating, ventilation, and appliance repair contractors can be held responsible if their negligent work caused or failed to prevent harm. 

Appliance manufacturers or installers

If defective fuel-burning appliances caused the carbon monoxide leak, the manufacturer or installer may be liable under product liability laws. 

Utility companies

In rare cases, a utility provider could be responsible if the CO exposure was linked to improper installation, service, or inspection of gas lines or appliances. 

Evidence That Strengthens Your Carbon Monoxide Poisoning Case

Strong evidence can mean the difference between a dismissed claim and a successful carbon monoxide poisoning lawsuit. 

Important evidence may include:

• Medical records showing carbon monoxide levels in your body (measured by carboxyhemoglobin tests)
• Incident reports from emergency responders
• Photos or documentation of faulty appliances or blocked vents
• Witness statements from other tenants 

The sooner this evidence is collected, the better it is for your case. Carbon monoxide dissipates quickly, and physical proof can vanish fast.

How a Personal Injury Lawyer Can Help

Carbon monoxide poisoning cases can be complex. They often involve technical building code issues and require medical evidence and expert testimony. 

When you have an experienced carbon monoxide attorney handling your case, he or she will:

• Investigate the source and cause of the carbon monoxide leak
• Gather expert evidence to prove landlord negligence
• Identify all responsible parties, including third parties
• Negotiate with insurance companies for a fair settlement
• Represent you in court if the case goes to trial

A lawyer can help ensure the landlord does not try to place any of the blame for the incident on you. Having a personal injury lawyer gives you peace of mind so that you can focus on your recovery while your lawyer handles the legal process. 

Compensation for Carbon Monoxide Poisoning

Victims of carbon monoxide exposure may be entitled to damages for their injuries. A carbon monoxide lawyer can help you pursue fair compensation. 

Common types of available compensation include:

• Medical expenses: Emergency room visits, follow-up care, long-term therapy, and rehabilitation

• Lost wages: Income missed during recovery and diminished earning potential if long-term symptoms keep you from returning to your job

• Pain and suffering: Compensation for physical pain, reduced quality of life, and emotional trauma

• Punitive damages: In cases of extreme negligence or reckless disregard for tenant safety, courts may award punitive damages to punish the wrongdoer and deter future misconduct

Hill & Moin LLP would be happy to discuss with you how your compensation can be maximized. Contact us online or by phone anytime, 24/7.

Carbon Monoxide Poisoning and Wrongful Death Claims

Tragically, prolonged or severe carbon monoxide exposure can be fatal. Surviving family members might be able to pursue a wrongful death lawsuit if negligence contributed to their loved one’s death. 

Compensation in a wrongful death claim may include:

• Funeral and burial expenses
• Loss of financial support and benefits
• Loss of companionship
• Emotional distress

Holding negligent landlords, property owners, and other responsible parties accountable hopefully provides your family with a sense of justice and prevents future tragedies. 

Contact a Carbon Monoxide Poisoning Lawyer Today

Property owners are legally obligated to provide safe living conditions. A landlord’s failure to prevent or address CO hazards can be strong grounds for a carbon monoxide poisoning claim. 

If you or a loved one has been harmed by carbon monoxide poisoning, you should pursue legal action immediately. Our attorneys can help identify all responsible parties, collect essential evidence, and pursue maximum compensation for your injuries.

The legal team at Hill & Moin LLP truly cares about our clients. We have successfully helped many victims of carbon monoxide poisoning pursue justice. Contact us today for a free consultation to discuss your case and learn about your legal options.