Carbon Monoxide Poisoning Liability: When Negligence Causes Loss
For injured victims and families, establishing carbon monoxide poisoning liability can be crucial. Our San Diego, CA, lawyers have handled many claims for this type of tragedy, and we understand the complexities of these cases. Speaking to an experienced personal injury attorney before you talk to insurance adjusters is of the utmost importance. Insurance companies seek to minimize their payout, and it is important to have an advocate in your corner.
It is the policy of our law firm to provide legal representation without charging initial legal fees. We work on a contingency basis, so our fees are earned when you receive your settlement or courtroom award.
About Carbon Monoxide Poisoning
Recently, the news reported the death of a 13-year-old Los Angeles girl from carbon monoxide (CO) poisoning, after she spent the night at the new home of a friend. Hundreds of Americans die each year from CO gas leaks, and long-term exposure to small amounts cause many cases of serious illness.
This colorless, odorless, toxic gas can escape undetected from an appliance, such as a generator, faulty water heater, or stove. In 2013, California passed a law requiring CO detector alarm installation in multi-unit dwellings and most private homes. These plug-in alarms save many lives, but they need to be checked often and replaced every five to seven years.
Liability for CO Poisoning
In cases of injury or wrongful death from CO poisoning, the question of liability is immediate. In legal terms, liability means responsibility for negligent acts or omissions. An irresponsible lack of reasonable care can lead to an award of damages for the victim. This compensation is meant to cover medical expenses, loss of income, pain and suffering, and more.
Hundreds of Americans die each year from CO gas leaks, and long-term exposure to small amounts cause many cases of serious illness.
Determining the cause of a CO leak is the most important first step. Depending upon the source of the gas, an apartment landlord, homeowner, product manufacturer, or home contractor might be liable for injuries and losses. In premises liability cases, a landlord may be responsible because of failure to maintain the building's heating system or neglecting to fix a faulty appliance in an apartment. He or she is also expected to provide CO detector alarms and ensure they are kept in good working order.
If an appliance malfunctions or is improperly repaired, the manufacturer may face product liability, or a repair or installment company may be responsible. Sometimes a home builder is to blame for a leak caused by a construction defect. A top personal injury law firm will thoroughly investigate the cause of your accident and determine - and prove - liability. This means interviewing key witnesses, subpoenaing repair and medical records, and much more.
Even in cases where the plaintiff is partially to blame, California law allows compensation on a “comparative negligence” basis. For example, a plaintiff can receive an award reduced by 20 percent if he or she is found to be 20 percent to blame for an accident.
Contact Our Firm Today
If you are the victim of carbon monoxide poisoning or have lost a loved one, please reach out to our law firm. Contact us today to speak to an attorney or schedule a free consultation.