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.
IA, an avid hunter from Brooklyn, has always been known for his hardworking spirit. He spent his days on construction sites, pushing through long hours and physically demanding tasks. But everything changed one day when he fell off a ladder while on the job, suffering serious injuries that left him in pain and uncertain about his future. Not knowing where to turn, IA reached out to the Law Office of Hill & Moin for guidance.
From the moment IA contacted the attorneys at Hill & Moin, he felt supported. They took the time to explain every step of the legal process, helping him understand his rights and what needed to be done to pursue a lawsuit. Their team worked diligently, handling his case with care and professionalism. IA was able to focus on his recovery, knowing his legal matters were in capable hands.
Thanks to the hard work and dedication of Hill & Moin, IA’s case ended with a $1 million settlement. He couldn’t have been more pleased with the results and the way his case was handled. “I really enjoyed working with the attorneys at Hill & Moin,” he said. “I’d recommend them to anyone who’s been injured.” IA gave the firm a well-earned 5-star review, grateful for the justice and support he received during a challenging time. With his case behind him and justice served, IA is now looking toward the future with hope and confidence, ready to move forward with his life.
JM was on the job as a laborer at an apartment building construction site when his life changed in an instant—he fell through an unmarked hole, suffering serious injuries. An ambulance rushed him to the hospital, where doctors began assessing the damage. As he began the difficult road to recovery, JM knew he needed legal help to understand his rights and hold the responsible parties accountable. That’s when he contacted Hill & Moin, LLP.
From the first meeting, JM felt supported. The attorneys walked him through the legal process step by step, laying out a clear path toward justice. With their guidance and relentless advocacy, JM’s case moved forward—and ultimately ended in a $1.9 million settlement.
“They are great fighters to have in your corner,” JM said after receiving his settlement check. Grateful for the care and attention he received from both the attorneys and staff, JM gave Hill & Moin a glowing 5-star review on Google. Now, with the case behind him, he’s focused on making music, spending more time with his kids, and buying a new home.
In the summer of 2019, a Brooklyn woman was involved in a serious motor vehicle accident. Her case presented complex legal challenges, particularly around the circumstances of the collision, issues that are often left for a jury to decide at trial. Despite these hurdles, Hill & Moin LLP took swift and strategic action on her behalf.
Through thorough investigation and skilled legal advocacy, Hill & Moin secured a court order establishing the defendant’s liability well before the case ever reached a jury. This rare pre-trial determination of fault, in a case where each party claimed the other ran a red light, gave the plaintiff a significant advantage and eliminated much of the uncertainty that typically accompanies litigation in cases of this nature.
Thanks to the firm’s early success, the case was settled for nearly the full amount of the $1,000,000 policy limit. Hill & Moin’s reputation for tenacity, legal skill, and personalized care—reflected in their numerous five-star client reviews—was once again demonstrated in this result, allowing their client to receive critical compensation without the added burden of a lengthy trial.
In the State of New York, there are more than 11 million registered vehicles. On any given day, you may notice thousands of cars passing the roads where you walk. A sidewalk should provide a safe place for pedestrians to stay out of traffic.
Unfortunately, sidewalks are the scene of many accidents in New York City. People with serious injuries are rushed to emergency rooms, sometimes resulting in thousands of dollars in medical bills. In some sad cases, sidewalk accident victims lose their lives.
At Hill & Moin, we understand the financial devastation that accompanies many accidents. Our attorneys can determine who has the legal responsibility for sidewalk defects. Our diligent pursuit of personal injury compensation makes many clients feel like they have a lawyer in the family.
Schedule your free consultation with our compassionate personal injury team today. You can reach a NYC representative 24 hours, 7 days a week, so call us now.
How to Interpret the NYC Administrative Code
An administrative code is a collection of city laws that describe the responsibilities of property owners. The code sets regulations for New York sidewalks to ensure they are safe for walking, using wheelchairs, and pushing strollers.
Rules for commercial property and buildings used for residential purposes
Residential and commercial property owners are responsible for installing and maintaining sidewalks adjacent to their properties. The sidewalks must be kept in a safe condition.
What might sidewalk maintenance responsibilities include? Suppose the sidewalks around their New York City business are broken or raised. The abutting property owners should promptly repair or replace the defective sidewalk flags.
Regulations that apply to city-owned property
New York City owns some sidewalks. It is responsible for maintaining public sidewalks adjacent to:
Certain residential properties, like public housing projects and shelters
Public hospitals and schools
The perimeters of pavement around public parks
Libraries
NYC Agency office buildings
Overpasses, bridges, and traffic medians
The City of New York also replaces millions of square feet of sidewalks in neighborhoods composed mostly of one-, two-, or three-family residential properties.
The City of New York’s Trees & Sidewalks Repair Program can help repair severe issues caused by trees. You can report broken, collapsed, or otherwise damaged sidewalks and defective curbs via NYC311.
When Property Owners Are Held Liable
Sidewalks must be installed according to city specifications. Deviations, like using nonstandard materials, can result in penalties. City officials and the Department of Transportation may also issue citations for sidewalk defects.
Violations include, but are not limited to, hazardous conditions such as:
Property owners must remove snow, ice, and dirt from the sidewalk when necessary. If another party causes damage, the property owner is still responsible for fixing it and paying any related fines.
If you face this issue, follow these steps:
Document the damage and its source
Contact the borough’s permit office to search for construction permits issued on the property if you do not know the source of the damage
Repair and restore the damaged area
Keep your receipts for the repair costs
Once you know who caused the dangerous condition, you can seek repayment. If a city worker or contractor caused the damage, you can file a claim against the City of New York – but you have limited time to do so.
Private contractors or utility workers sometimes damage sidewalks, creating pedestrian trip and fall hazards. You will have to pursue reimbursement from them directly. Yet, filing a claim does not guarantee a settlement.
Besides fines, ignoring unsafe or broken sidewalk flags may lead to problems. Seemingly minor issues can cause major trip-and-fall accidents. According to the City of New York, “holes as small as 1 inch in diameter or sidewalk squares or flags raised as little as ½ inch can cause injuries.”
Property owners may be liable if a sidewalk accident occurs when they did not address sidewalk defects abutting their property. The property owner’s personal injury and property damage insurance may cover the damages. The NYC administrative code states that the city is not liable for injuries caused by “the failure of an owner to comply” with these rules.
When the City Can Be Held Liable
Suppose that New York City was responsible for a specific stretch of sidewalk. You suffered an accident because the city failed to remove hazards in a timely manner. You could receive compensation, but you must prove the city to be at fault.
Constructive notice is a legal principle that could help prove liability. It means the responsible party knew or should have known of a dangerous condition but failed to take reasonable steps to correct it. In our example, your lawyer might consider the following questions to ensure the right party is held liable:
Was it a public sidewalk?
Did someone give the city prior written notice of the problem?
Should the issue have been discovered during routine city inspections?
Did the city give prior notice that the issue would be fixed but miss the deadline?
Was the repair work improperly done?
Was the issue described in public reports?
Are there witnesses who can describe the long-term hazardous condition of the sidewalks?
If you can demonstrate that the government failed to take the proper steps to fix a known problem, it can strengthen your case for compensation.
Why You Should Hire a New York City Personal Injury Attorney
If you are recovering from a sidewalk accident, you may feel overwhelmed by medical bills, lost income, and legal questions. An experienced personal injury attorney can help you make sense of your options. You deserve to know your rights and have someone who understands the law and cares about your future by your side.
Knowledge and resources
Does it seem impossible to determine the liable party under the NYC administrative code? An experienced New York personal injury lawyer can demystify the complex rules of sidewalk maintenance, providing you with peace of mind. An attorney who understands city regulations can handle complicated issues, like exceptions for owner-occupied one- to three-family residential properties.
A New York legal team can investigate the sidewalk accident scene and collect compelling evidence that may seem out of your reach, including:
Proof of any prior complaints or notices of sidewalk defects
With this evidence, your lawyer can help show that a property owner or other responsible party should be held liable for the injuries you suffered.
Easier recovery
Legal cases in NYC take time and energy. Serious injuries like broken bones or other harm from a trip-and-fall can make even simple tasks more difficult.
Having a personal injury lawyer means you do not have to carry the burden alone. Your attorney can handle the legal system while you can focus on rest, treatment, and getting back to your life.
No upfront payments
Contingency fees remove the financial barriers of hiring a lawyer. For you, that means you can start your case immediately without any out-of-pocket costs. You pay only if your lawyer wins or settles.
Discover Your Rights During Your Free Consultation
In New York, keeping sidewalks safe should be everyone’s priority. In certain circumstances, the law places responsibility on a property owner, the city, or another party responsible for maintaining the area. If you were hurt because of sidewalk defects, filing a claim against the liable party can relieve your financial losses.
At Hill & Moin, we know that every case is different. Our Personal Injury Recovery SolutionsⓇ take your needs into consideration when preparing your case. Would you like to learn more?
Take the first step toward justice and schedule a free case review today. New York City laws and deadlines limit the time to take legal action for injuries caused by sidewalk defects.
PJ, a dedicated custodian, was injured on the job when several heavy cans on a delivery cart fell on him, causing significant injuries. He was rushed to the emergency room for urgent medical care, unsure of what to do next. In search of help and answers, PJ contacted the Law Office of Hill & Moin, LLP.
From the moment he reached out, PJ felt he was in good hands. The team at Hill & Moin took the time to explain the merits of his case, clearly outlining the next steps he would need to take to begin a lawsuit and pursue justice. PJ shared that the staff was not only professional but also deeply caring and attentive, making him feel supported every step of the way.
With the firm’s guidance and commitment, PJ’s case concluded with a successful settlement of over $675,000. The outcome brought him relief and a fresh sense of hope. With the compensation he received, PJ is excited to move down south, start a new life, and dive into a new hobby he’s passionate about: remote control cars.
Reflecting on his experience, PJ gave Hill & Moin, LLP a glowing 5-star review on Google, calling the entire process “beautiful.” For PJ, the firm didn’t just win his case—they helped him reclaim his future.
Long Island resident NR enjoys life’s everyday pleasures—going for walks, watching movies, and, most of all, spending quality time with her grandchildren. But one morning, on her way to work, an unexpected and painful accident turned her world upside down. A parking garage gate came down suddenly, striking her over the head and leaving her seriously injured.
NR was soon referred to Hill & Moin, LLP, where the legal team promptly began working on her case. As she focused on her recovery and underwent medical treatment, NR met regularly with the firm’s attorneys, who kept her informed and reassured every step of the way. “They always provided a lot of clarity,” she recalled, grateful for the consistent communication and support during a challenging time.
Thanks to the diligent work of her legal team—including attorney Eric Wittels, Esq.—NR’s case settled for $650,000. She expressed deep appreciation for everyone involved, saying she never had to worry and that the entire staff was “the best.” Their dedication, compassion, and professionalism left a lasting impression, earning Hill & Moin, LLP a glowing 5 out of 5 star review from NR.
Now, with her case behind her and a sense of peace restored, NR is looking ahead with hope and excitement. She dreams of buying a home and starting a brand-new chapter in her life—one filled with comfort, stability, and more time with the people she loves most.
Olga S., a passionate artist and flower gardener, was enjoying an evening walk with her husband when she tripped and fell on a defective sidewalk. The incident left her injured and unsure of what steps to take next. Seeking help, she contacted the personal injury attorneys at Hill & Moin, LLP.
From the start, Olga felt supported by the firm’s knowledgeable and compassionate team. The attorneys clearly explained the legal process and guided her every step of the way. She was especially grateful for the Russian interpreters, who helped her understand case updates and answered all her questions in her native language.
Thanks to Hill & Moin’s dedication, Olga’s case settled successfully, resulting in a monetary recovery of $128,000 for her injuries. The outcome brought her both relief and a sense of justice after a difficult experience.
At the conclusion of her case, Olga praised the firm’s welcoming approach and open-hearted service. She proudly gave Hill & Moin five stars and says she would recommend them to all her friends in need of a personal injury attorney. Olga is optimistic about the future and looking forward to what comes next.
Mr. Howard, a longtime Brooklyn resident, enjoys the simple joys of life—reading his favorite books and spending time crocheting. But one ordinary day took an unexpected turn when, while driving for work, he was struck by another vehicle taking a dangerously wide turn. The crash left him shaken and in need of both medical attention and legal support.
Seeking guidance, Mr. Howard reached out to Hill & Moin, LLP. From the beginning, he felt heard and supported. The team at Hill & Moin ensured he received the necessary medical treatments and met with him regularly to explain the legal process. Their consistent updates and clear communication helped ease the stress of the situation.
“The communication was great and the staff was attentive to my needs,” Mr. Howard shared. With Hill & Moin’s dedication and advocacy, his case ultimately settled for an impressive $1.1 million. Their thorough approach and personal care made a difficult time much more manageable.
Now, with his case behind him, Mr. Howard is looking ahead with optimism. He’s preparing to move to the South, excited to begin a calmer and more peaceful chapter of his life. Reflecting on his experience, he rated Hill & Moin, LLP a perfect 5 out of 5 stars—grateful for the support that helped him move forward.
Mr. Byrd, a retired MTA worker with a passion for shopping, experienced a life-changing moment one winter day when he slipped and fell on his way to a haircut at his local shopping center, injuring his knee. As he began to recover, Mr. Byrd knew he didn’t want to just move on—he wanted to seek legal justice for the pain and disruption he had suffered.
He found Hill & Moin, LLP online and reached out right away. From the very first meeting, Mr. Byrd felt reassured. The attorneys took the time to walk him through the legal process step by step, explaining everything in a way that was easy to understand. The staff was equally courteous and professional, making sure Mr. Byrd felt supported and informed at every stage of the case.
Hill & Moin worked diligently on Mr. Byrd’s behalf, and their hard work delivered results. At the conclusion of the case, Mr. Byrd was awarded $390,000. He described the entire experience as smooth, rewarding, and handled with great care. Most importantly, he felt that his voice had been heard and his case treated with the seriousness it deserved.
With plans to save his settlement and potentially launch his own LLC, Mr. Byrd is now looking ahead with confidence and purpose. When asked how he would rate his experience with Hill & Moin, he smiled and said, “I give them 6 out of 5 stars!”
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