Can you File a Lawsuit for Carbon Monoxide Poisoning?

Posted in Premises Liability on January 4, 2022

Every year, hundreds of Americans die or suffer from severe injuries due to carbon monoxide poisoning. This colorless, odorless gas can poison people and animals if it builds up indoors, leading to severe complications. If you were injured or lost a loved one due to carbon monoxide poisoning, you may be eligible for legal action—but only if someone else’s actions are responsible for the leak.

The Dangers of Carbon Monoxide Poisoning

Carbon monoxide poisoning is unfortunately prevalent across the United States. According to the Centers for Disease Control and Prevention (CDC), at least 430 people die each year from accidental poisoning, and an additional 50,000 seek emergency medical treatment due to carbon monoxide exposure.

When carbon monoxide builds up in an enclosed space without any ventilation, oxygen loss can occur. Red blood cells pick up the gas faster than oxygen, and over time, oxygen in the blood is quickly replaced by carbon monoxide. Without prompt medical attention, asphyxiation and death can occur.

Many people who are asleep or under the influence of alcohol die from carbon monoxide poisoning without experiencing any symptoms. Survivors can develop permanent complications, including the following.

  • Permanent brain injuries
  • Cardiovascular complications
  • Fetal death or miscarriage

Filing a Lawsuit for Carbon Monoxide Poisoning

If you or a loved one suffered from carbon monoxide poisoning, you may be eligible for legal action. However, you will need to prove that someone else’s negligent actions are responsible for the poisoning. In many cases, landlords, manufacturers, property owners, and companies that install carbon monoxide equipment are at fault.

In Texas, state law requires all family homes, daycare centers, and group homes to have working carbon monoxide detectors. Unfortunately, some property owners fail to uphold this duty of care and do not purchase these life-saving devices.

In some cases, faulty carbon monoxide detectors can fail to identify a leak, leading to severe injuries and death. Improper installation of this equipment may also lead to carbon monoxide poisoning.

In these situations, you could file a lawsuit in Texas civil court against the property owner, installation company, or manufacturer. Through your claim, you can recover compensation for the economic and non-economic losses that you suffered due to carbon monoxide poisoning, such as the following.

  • Past and future medical expenses
  • Lost wages and loss of future earnings
  • Chronic pain
  • Permanent disability
  • Emotional distress
  • Disability accommodations
  • Depression and anxiety
  • Loss of quality of life

Texas carbon monoxide poisoning

Speak to a Texas Carbon Monoxide Poisoning Attorney

If you have experienced carbon monoxide poisoning and believe that someone else’s actions are responsible, you could pursue legal action against the at-fault party. However, carbon monoxide poisoning cases can be very complex. In these situations, it is critical to speak to an attorney.

A Texas carbon monoxide poisoning lawyer can deliver important benefits for your case. He or she can conduct a full investigation and determine the cause of the exposure, helping identify the at-fault party. Your lawyer can also gather critical evidence and craft a compelling case for your right to recovery.

Following the exposure, seek emergency medical attention and collect as much evidence as possible. Once you receive treatment, contact a Texas carbon monoxide poisoning attorney to strategize your next steps.