Carbon monoxide is a gas that is:
- Odorless;
- Tasteless; and
- Colorless.
Carbon monoxide is produced by the incomplete oxidation of carbon in combustion, for example, in gas ranges or kerosene heaters. This may cause a high indoor concentration of carbon monoxide.
Exhaust from vehicles, including trucks and trailers, may also be a significant source of carbon monoxide. When carbon monoxide is inhaled into the lungs, it causes the tissues to become oxygen deficient.
This prevents the individual’s blood from carrying sufficient oxygen. Elderly individuals and infants are more susceptible to carbon monoxide poisoning.
Common symptoms of carbon monoxide poisoning include:
- Weakness;
- Nausea;
- Irritability;
- Headache; and
- Vertigo.
Chronic carbon monoxide poisoning may result in symptoms including:
- Headache;
- Dizziness;
- Ataxia, during which an individual may experience:
- vertigo;
- nausea;
- migraine headaches;
- blurred or double vision;
- slurred speech; and
- tinnitus, or ringing in the ears;
- Anorexia; and
- Lassitude.
Carbon monoxide commonly results in wrongful death, or at the very least, great injury to individuals who are exposed to carbon monoxide.
What Type of Claims Can a Carbon Monoxide Victim Bring?
A victim of carbon monoxide poisoning may be able to bring a personal injury claim. It is considered rare for an individual to intentionally poison another individual with carbon monoxide.
Because of this, claims of intentional poisoning will be limited. A strict liability claim, which does not take into account intentions or degrees of care, is also limited because activities that involve carbon monoxide, such as storage or transportation, are also rare.
If a company does transport or store carbon monoxide, an employee may be able to bring a claim if the company needlessly allows the employee to be exposed to carbon monoxide. A company can minimize employee exposure to carbon monoxide by:
- Rotating the employees who are required to handle carbon monoxide;
- Requiring employees to wear protective gear; and
- Using safety equipment that is specifically designed to prevent carbon monoxide contact.
It is common for gas companies to be on the receiving end of these types of claims. The most common type of legal claim involving carbon monoxide is negligence.
Negligence claims require an examination of whether the appropriate amount of care was taken by the individual, given the circumstances surrounding the situation. For example, there are many major cities, such as San Francisco, that require carbon monoxide detectors to be installed in buildings that are used for human occupancy.
Failing to follow these laws may result in a negligence claim against a homeowner or landlord.
What Can Victims Collect?
Because of the dangerous nature of carbon monoxide, a victim may be able to demand both compensatory damages and punitive damages. Compensatory damages are intended to restore a victim to the position they were in before their injury and may include:
- Funeral costs;
- Medical costs;
- Loss of income;
- Loss of companionship;
- Physical injury; and
- Emotional distress.
Punitive damages are intended to punish the offending party for allowing carbon monoxide to be released into areas used by humans. Punitive damages may be awarded if the defendant failed to act as a reasonable person would, especially if the defendant failed to follow a law.
What is Carbon Monoxide Poisoning?
Carbon monoxide poisoning is more serious than carbon monoxide exposure. Carbon monoxide is dangerous because, when it is inhaled in sufficient quantities, it hinders oxygen absorption in an individual’s blood and body cells.
Carbon monoxide poisoning may result in:
- Dizziness;
- Fainting;
- Lung disease;
- Loss of consciousness; and
- Other serious symptoms.
Carbon monoxide poisoning is caused by the collection of carbon monoxide in an enclosed or small space with little ventilation. Due to the fact that carbon monoxide gas is, in general, colorless, odorless, and difficult to detect, it can accumulate quickly in an enclosed space, especially if there is no ventilation in the area.
One common example of carbon monoxide poisoning is when an individual is exposed to the exhaust fumes from a nearby car or automobile. This may occur if a vehicle is running in an enclosed space, for example, a garage or parking area.
Can I Get Legal Compensation for Carbon Monoxide Poisoning?
In certain cases, carbon monoxide poisoning results directly from the negligence of an individual or another party. This may occur in situations, including:
- A manufacturer that does not not follow safety or emissions standards;
- An employer failing to provide a worker with adequate ventilation or breathing equipment;
- Negligence resulting in toxic exposure to carbon monoxide gasses;
- Another individual operating machinery or handling dangerous materials in a reckless way; and
- Failure to supply adequate warning labels or instructions for dangerous products or dangerous areas.
Carbon monoxide poisoning may, therefore, result in a lawsuit where a defendant pays damages to the plaintiff in order to cover their losses and injury expenses. In many situations, carbon monoxide poisoning is a major factor in industrial diseases, especially those that involve the individual’s lung and breathing systems.
Because of this, carbon monoxide poisoning may sometimes fall under the category of workers’ compensation claims.
What Are Carbon Monoxide Leaks?
A carbon monoxide leak is a type of gas leak that may cause severe injuries or even fatalities. These types of leaks are hazardous because, as noted above, carbon monoxide is odorless and can be hard to catch without specialized gear.
Common sources of carbon monoxide leaks may include:
- Unvented fuel heaters and furnaces;
- Faulty appliances;
- Clogged chimneys; and
- Blocked exhaust vents.
In recent cases, some vehicles have been linked with carbon monoxide leaks. In these cases, the carbon monoxide gas leaks from the engine components into the vehicle’s cabin.
This may create a perilous situation where a driver is affected and passes out while they are driving, leading to accidents and other risks. These risks and other risks related to product failure may lead to a recall of the malfunctioning parts.
Who Can Be Held Liable for a Carbon Monoxide Leak Injury?
As noted above, carbon monoxide leaks may result in carbon monoxide poisoning. In addition to the signs of carbon monoxide noted above, long-term damage may also occur in the individual’s brain in some cases.
Carbon monoxide poisoning may also be fatal. The liability for injuries associated with this gas may be traced to many parties, depending on the circumstances of the case.
In some situations, a manufacturer of a product can be held responsible for carbon monoxide leak injuries that result from a product defect. One example of this is where the manufacturer develops a furnace that vents inadequately, leading to gas poisoning in a home or a room.
An owner or operator or a property may be held liable for failing to fix dangerous carbon monoxide leak situations. One example of this is when the building manager fails to fix a heating system although they knew or should have known that the danger of carbon monoxide toxicity was present.
Individuals who conduct maintenance on homes, offices, or other areas may be held responsible if their negligent repairs lead to a carbon monoxide leak.
What Are the Legal Remedies for Carbon Monoxide Leak Injuries?
A carbon monoxide lead claim may involve severe injuries and require legal action. In many cases, the injured party qualifies for a monetary damages award in these types of lawsuits.
These damages may cover:
- Hospital costs;
- Medical bills;
- Lost wages;
- Pain and suffering; and
- Other expenses.
In certain cases, a product recall may be issued if a product is deemed unsafe because of the risk of carbon monoxide leaks.
Do I Need a Lawyer?
If you or a loved one has suffered an injury as a result of carbon monoxide poisoning, it may be in your best interests to consult with a class action lawyer. Your lawyer can help you determine who is responsible for your toxic exposure and help you obtain compensation for your injuries.
