Carbon monoxide leaks are a type of gas leak that can cause severe injuries or even fatalities. These kinds of leaks are hazardous as carbon monoxide is odorless and can be hard to catch without specialized gear. Some familiar sources of carbon monoxide leaks include:
- Unvented fuel heaters and furnaces
- Faulty appliances
- Clogged chimneys
- Blocked exhaust vents
In recent examples, some cars have been linked with carbon monoxide leaks, with the gas leaking from engine components into the automobile’s cabin. This can create a perilous situation where the driver is affected and passes out while driving, leading to accidents and other risks. These risks and others related to product failure can lead to a recall.
Who Can Be Held Liable for a Carbon Monoxide Leak Injury?
Carbon monoxide leaks can result in carbon monoxide poisoning. Signs include dizziness, light-headedness, fainting or passing out, and other conditions. Long-term damage can also be done to the brain in some cases, and fatalities can also result.
Liability for these injuries can be traced to many different parties, depending on the situation.
In some circumstances, the manufacturer of a product can be held responsible for carbon monoxide leak injuries resulting from a product defect. An illustration of this is where the manufacturer develops a furnace that vents inadequately, leading to gas poisoning in a home or room.
In other examples, the owner or operator of property can be held responsible for failing to fix dangerous carbon monoxide leak situations. An example of this is when a building manager fails to fix a heating system, even though they knew or should have known that the danger of carbon monoxide toxicity was present.
Lastly, individuals who conduct maintenance on homes, offices, or other areas can be held responsible if their negligent repairs create a carbon monoxide leak.
What Are the Legal Remedies for Carbon Monoxide Leak Injuries?
Carbon monoxide leak claims can be severe and may need legal action. The injured party is often qualified for a monetary damages award in these lawsuits. Damages may cover hospital costs, medical bills, lost wages, pain and suffering, and other expenses.
In some circumstances, a product recall may be administered if a product has been deemed unsafe due to carbon monoxide leak risks.
Landlord Liability for Carbon Monoxide Exposure
Landlords are responsible for a tenant’s injuries from carbon monoxide poisoning in some—but not all—situations.
Carbon monoxide is an odorless, colorless, and tasteless gas that’s toxic to humans. Everything that burns fuel—including many fixtures and appliances found in rental properties—emits carbon monoxide. Small quantities of carbon monoxide usually aren’t troublesome, but significant accumulations can be. Exposure to harmful gas levels can occur anywhere, including rental properties.
Because carbon monoxide is undetectable to humans, it poisons victims without notice—even in their sleep. Symptoms include nausea, vomiting, headaches, and sometimes death. According to the Centers for Disease Control and Prevention, carbon monoxide poisoning causes more than 20,000 emergency room visits and more than 400 deaths per year. The good news for landlords is that they can significantly lower the risk of carbon monoxide poisoning by installing carbon monoxide detectors and conducting routine maintenance.
When landlords implement a good maintenance program and follow appropriate state and local laws, they increase the chances that accidents will not transpire. Still, if one happens, the landlord won’t be held legally accountable for tenants’ injuries. Sometimes, landlords are responsible for injuries to guests or other individuals visiting the rental.
Does Carbon Monoxide Pose a Risk In All Rental Properties?
Most rental properties have at least one item or fixture that emits carbon monoxide, such as gas appliances (ranges and water heaters), chimneys, and heating systems. Dangerous levels of carbon monoxide can accumulate when these items malfunction or aren’t adequately ventilated.
Even when there’s no source of carbon monoxide within the rental, there’s likely one nearby. For instance, emissions from gas-powered lawn mowers, idling cars parked outside, and gas grills can float inside. Garages also pose a threat. Without good ventilation, fumes from running automobiles accumulate, endangering anyone within the garage. Attached garages are extremely perilous, as the gas can cross into living and sleeping areas.
How Landlords Can Contain Carbon Monoxide Exposure in Rentals
Ideally, landlords will be aggressive in controlling carbon monoxide poisoning in their rentals. Installing carbon monoxide detectors is a straightforward preventive measure any landlord can take. They’re cheap and straightforward (many models are battery-powered or plug-in with backup batteries). Although battery-powered and plug-in detectors can seem clear, you’ll want to observe the manufacturer’s instructions when setting them up and ensuring they work perfectly. Also, review your state and local laws—many direct landlords to use a specific type of detector, and they might also dictate where and how many detectors must be in a rental.
Beyond detectors, the Centers for Disease Control delivers a practical online toolkit for containing carbon monoxide. Landlords should also think about contacting a local landlord-tenant lawyer to learn what steps they should—or are directed by law to—take concerning carbon monoxide in their rentals.
When Landlord Liability Is Likely
A court won’t hold a landlord responsible for a tenant’s being injured on the rental property unless the tenant can demonstrate that the landlord’s action (or inaction) was negligent and caused or contributed to the dangerous condition. Carbon monoxide poisoning is no different.
Landlords aren’t responsible for every instance of exposure at their rentals. In the cases below, however, a court is likely to hold a landlord accountable.
- The landlord violated carbon monoxide detector laws: Many states and cities mandate landlords establish carbon monoxide detectors in rentals. These regulations often require landlords to keep the detectors in working order (and replace them when required). Some statutes explicitly say that violators are responsible for a victim’s injuries without the need for the injured person to establish negligence.
- These rules are known as “negligence per se” laws. The injured individual doesn’t have to address whether the landlord’s behavior was careless—merely breaking the law is enough to prove negligence. Negligence per se laws are rare; most often, the injured individual has to demonstrate carelessness.
- The landlord violated health and safety codes: States and cities often dictate minimum criteria for health and safety. For instance, a city might require specific kinds of ventilation for gas ranges or routine upkeep of fireplaces in rentals. If a landlord breaks health and safety regulations and a tenant is poisoned by carbon monoxide, the landlord will likely be responsible. If the code involved was passed to control carbon monoxide or similar sorts of poisoning, the landlord might be accountable under negligence per se laws.
- Otherwise, the landlord might be accountable under negligence laws, which demand (unlike a negligence per se case) the injured tenant to demonstrate that the landlord’s actions were unreasonable or careless, but they also were a substantial factor in causing the tenant’s injuries. For instance, when a detector fails to warn tenants of carbon monoxide, a landlord might be accountable for the tenants’ poisoning if the tenants can demonstrate that the landlord negligently installed the detector and that the defective installation was a significant factor in their poisoning.
Do I Need a Lawyer for Assistance with a Carbon Monoxide Leak Claim?
Carbon monoxide leak cases can be complicated and may require the assistance of an attorney. It may be in your best interests to hire a defective products lawyer in your area if you need help with a lawsuit. Your lawyer can provide you with legal advice and representation during the process.
