Carbon Monoxide Poisoning Lawsuits

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What is Carbon Monoxide?

Carbon Monoxide is a deadly, poisonous gas that can enter your home, apartment, or hotel room from a faulty or malfunctioning HVAC system, gas fireplace, water heater, or any other source of gas combustion. The gas is colorless, odorless, and tasteless, and its prolonged inhalation can result in significant, long-term health issues, or worse, death.

How does Carbon Monoxide enter my home?

  • Furnace systems that malfunction may not properly vent gas to the exterior of the building.
  • A furnace that has airflow issues can also lead to carbon monoxide becoming trapped within the system and potentially vented into the building.
  • A hole in the heat exchanger can also cause the release of carbon monoxide in the building.
  • Other potential sources of carbon monoxide:
    • Gas ranges and stoves
    • Gas clothes dryers
    • Gas water heaters
    • Portable fuel-burning space heaters
    • Fireplaces
    • Gas grills

Injuries Caused by Carbon Monoxide Poisoning

Carbon monoxide inhibits the body’s blood cells from being able to deliver oxygen to surrounding tissue. The effects of Carbon monoxide are mostly demonstrated in the brain, which consumes approximately 20% of the body’s oxygen. This lack of oxygen can lead to a permanent brain injury.

Injuries from carbon monoxide poisoning may include:

  • Death
  • Headaches
  • Difficulty breathing
  • Dizziness
  • Fatigue
  • Depression
  • Nausea
  • Vomiting
  • Impaired judgment
  • Visual changes
  • Seizure
  • Drowsiness
  • Memory loss

Carbon Monoxide in Apartments or Hotels

As an apartment tenant or hotel guest you have rights that may hold a property owner or manager liable for carbon monoxide exposure. Landlord liability is typically determined on a case-by-case basis and is often decided in court. If you are a tenant or guest at a hotel who has been exposed to carbon monoxide, contact the attorneys at WKW for a case evaluation.

Filing a Carbon Monoxide Lawsuit

If you or a loved one have been exposed to carbon monoxide and has developed a health condition as a result, you should consider filing a carbon monoxide lawsuit. Carbon monoxide lawsuits are typically filed for one of the following reasons:

  • 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
  • Carbon monoxide poisoning at the workplace or hotel
  • Lack of carbon monoxide detectors

When filing a carbon monoxide lawsuit, there are many different factors that will come into consideration. Liability and potential damages need to be determined.  For information on how the attorneys at Wilson Kehoe Winingham can help you with your carbon monoxide case, contact us today for a no-obligation case evaluation.

Expert Witnesses

Having an attorney that can help assemble a team of qualified experts in the field of carbon monoxide is key to any successful liability claim. Such experts may include:

  • Physiologists who understand how carbon monoxide affects the body 
  • Neurologists who can communicate the effects that carbon monoxide have on the brain
  • Neuropsychologists who can test for brain injuries
  • Brain imaging specialists who use Single Photon Emission Computed Tomography (SPECT) scans
  • HVAC and plumbing experts who can determine the source of the carbon monoxide
  • Mechanical engineers who can evaluate design issues with a product producing carbon monoxide

Damages

Damages in premises liability cases can be either compensatory or punitive.

Compensatory damages are intended to compensate an individual for losses related to carbon monoxide exposure. Examples of compensatory damages include medical bills, physical or psychological therapy, current and future loss of wages, emotional pain, suffering, and distress.

Punitive damages are those which exceed compensatory damages in an effort to punish the responsible party.

 

Statute of Limitations for Carbon Monoxide Cases

The amount of time you have to file a premises liability lawsuit in the state of Indiana is two years. For specific information on the date of carbon monoxide poisoning or the date of ailment occurrence related to your case, contact a member of our team today.

Contact a Wilson Kehoe Winingham Attorney Today

If you or a loved one have been exposed to carbon monoxide and developed a health condition as a result of your exposure, the experienced carbon monoxide attorneys at Wilson Kehoe Winingham are here to help. Having handled multiple multi-plaintiff carbon monoxide lawsuits, WKW understands the issues. Put your trust in our team to guide you through every step of the process. Contact a member of our team today for a no-obligation case evaluation.

Contact Us

Let WKW put our experience to work for you. Contact us for your free case evaluation.

Or, call us today at (317) 920-6400

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