Carbon monoxide poisoning often happens unintentionally, but it can also be due to negligence. In Missouri, if you can prove that someone else’s negligence caused the exposure and injury, you may be able to file a premises liability lawsuit for carbon monoxide poisoning.
Carbon Monoxide Premises Liability
Premises liability is a legal concept that holds property owners liable for personal injuries caused by defective property conditions.
Keep in mind just because a dangerous condition exists does not mean there is a premises liability claim. The dangerous condition must exist because the property owner (or the person who controls the property) negligently:
- Created a dangerous condition, i.e., the property posed an unreasonable risk of harm to visitors
- Did not inspect the property to discover it
- Did not remove or fix it
- Failed to warn visitors about it
Contact us for a free case evaluation.
Carbon monoxide lawsuits are typically filed for:
Construction or installation defects with HVAC, exhaust systems, or water heaters- Landlord-tenant breach of warranty of habitability
- Product defects resulting in the release of carbon monoxide into the building
- Lack of carbon monoxide detectors
Carbon Monoxide, the Silent Killer
Carbon monoxide, the silent killer, is a colorless and odorless gas that can lead to serious health issues and prove to be fatal. It is a poisonous gas and can be very difficult to detect. It is produced by burning fuel, including coal, wood, charcoal, natural gas and fuel oil commonly used by household products such as:
- Boilers
- Central heating systems
- Furnaces
- Fireplaces
- Generators
- Hot water heaters
- Wood burning stoves
Carbon Monoxide Poisoning Mistaken for Flu
Symptoms of carbon monoxide poisoning are often confused with the flu or food poisoning according to the CDC, which may include:
- Abdominal pain
- Clumsiness and loss of coordination
- Dizziness or confusion
- Headaches
- Loss of consciousness
- Nausea and sickness
- Shortness of breath
- Tiredness and lethargy
Carbon monoxide poisoning is more likely to happen in young children, the elderly, and those with conditions such as anemia, chronic heart disease, or breathing issues.
Who May be Liable
Depending on your situation, liability may fall with one of these:
- Property owner
- Manufacturer
- Building manager
- Contractor
- Landlord
- Maintenance worker
Examples:
Landlords and property owners may be held accountable if the poisoning happened on a rented property they are responsible for maintaining heating and fuel-burning appliances and ensuring proper ventilation.
If someone is poisoned while staying in a hotel because the CO detector was faulty, the company in charge of maintaining the building may be responsible.
If the poisoning was caused by a defective product (i.e., appliance, generator, car part) a claim could be filed against the manufacturer responsible for the product.
If you are considering filing a claim, contact our office for help in building your case.
Evidence to gather:
- Description of symptoms
- Date, time, and location of the incident
- Names of any potential witnesses
- Gas or generator manufacturer or product information plus a statement from a professional
- Medical records including treatment plans
Carbon Monoxide Poisoning Leads to Serious Health Conditions
Prolonged exposure can potentially result in:
- Long term effects to memory, concentration and personality
- Impede coordination
- Worsen cardiovascular conditions
- Brain damage
- Respiratory failure
- Sensory or motor impairment
Prolonged exposure may interfere with the body’s ability to supply oxygen to the brain or other vital organs leading to death.
Premises Liability Lawsuits
Exposure to carbon monoxide happens in our homes, our workplaces, hotels and other places. Sometimes this can be a result of your own negligence; however, sometimes, it may be due to the negligence of another party. When it is due to another’s negligence, you have the potential to obtain compensation for your injuries.
Lawsuits may be filed as a premises liability case. Premises liability holds property owners legally responsible for accidents that occur on their property due to unsafe conditions.
Financial Compensation for You
Rely on the lawyers at Nash & Franciskato to thoroughly investigate the cause of the carbon monoxide poisoning — how and why you were exposed — to determine who may be responsible for your injuries.
We target settlements and verdicts that compensate you for:
- Past and future medical bills
- Lost wages
- Loss of quality of life
- Physical impairments
- Pain and suffering
Even though money cannot compensate you for the loss of a loved one, in the case of a wrongful death, we also look to obtain compensation for funeral expenses, loss of income and loss of companionship.
Receive a Free Evaluation from Experienced Premises Liability Attorneys
When you have been exposed to carbon monoxide and suffered serious injuries, you need to rely on a trusted source to help you obtain the compensation you deserve. In the Kansas City area, the knowledgeable attorneys at Nash & Franciskato will help you determine your legal rights and provide the aggressive representation you need. Contact us for a free, no-obligation evaluation of your case.
CALL TODAY AND START YOUR FREE CASE EVALUATION
RESOURCES FOR YOU
- Blog articles related to Premises Liability.
- CDC Carbon Monoxide Poisoning Basics
Editor’s note: Page was originally published April 18, 2016 and was updated for content and accuracy on July 10, 2024.