Can You File a Lawsuit for Carbon Monoxide Poisoning in Pennsylvania?

Carbon monoxide poisoning is an extremely serious condition that occurs when someone is exposed to high levels of carbon monoxide and not enough oxygen. If not treated quickly, it can lead to serious neurological and respiratory problems or even death. If you or your family are exposed to high levels of carbon monoxide, you may consider suing those responsible.

Depending on where and how the carbon monoxide poisoning occurred, you may sue various people who might be to blame. This is a somewhat common problem in large apartment buildings, and landlords may be held responsible. Alternatively, faulty appliances that carry a risk of carbon monoxide leaks, or the manufacturers of defective carbon monoxide detectors, may be held liable. Damages in your case may be quite high, especially if you or others in your home suffered serious medical complications. To begin your case, contact an attorney and explain your situation. They can advise you of your legal options, including filing a lawsuit.

For a free review of your claims, call our Philadelphia personal injury lawyers at The Reiff Law Firm at (215) 709-6940.

Who is Responsible for Injuries Caused by Carbon Monoxide Poisoning?

Numerous parties may be responsible for a carbon monoxide accident. We may need to wait for professionals to inspect the premises to determine the cause of the leak before our Pennsylvania personal injury lawyers can determine who is responsible.

Landlords

Carbon monoxide leaks can be a problem in large apartment buildings or complexes. A single leak could affect numerous tenants. In such cases, property owners and landlords are often held responsible.

Homeowners

If you experienced carbon monoxide poisoning while visiting someone else’s home, the homeowners may be held liable. The homeowners are typically responsible for maintaining various aspects of the home, including HVAC systems and other potential sources of carbon monoxide leaks.

HVAC Companies

In some cases, carbon monoxide leaks happen because HAVC systems malfunction or fail. If the system was defective or improperly installed, the HVAC companies that serviced the home or building where the carbon monoxide leak occurred may be held liable.

Can I Sue if My Carbon Monoxide Detector Failed?

Many homes, apartments, and buildings are equipped with carbon monoxide detectors to prevent carbon monoxide poisoning. If the detector goes off, occupants should leave immediately. Unfortunately, many cases of carbon monoxide poisoning may be traced to faulty detectors. In that case, the company that produced the carbon monoxide detector may be held liable.

Not only that, but you may also sue almost anyone within the chain of sale of the detector. For example, the manufacturer and the store where you purchased the detector may be included in your case.

How to Prove Negligence for Carbon Monoxide Poisoning in Pennsylvania

How we prove the defendant’s negligence will depend on who the defendant is and how the carbon monoxide leak occurred.

Negligent Property Maintenance

If you sue the owner of the property, you may have to prove that they actually own the property in question. You must also prove that the carbon monoxide leak happened because the property owner failed to maintain their HVAC system in the home. Alternatively, you may have to prove that the property owner failed to check for maintenance issues that caused the carbon monoxide buildup.

Negligent HVAC Installation/Maintenance

If you are suing an HVAC company, you must show how they did something negligent to cause the accident. Did they install the HVAC system incorrectly? Did they damage the HVAC system during routine maintenance? Did they install equipment that they knew or should have known was faulty?

Evidence to Prove Your Claims for Carbon Monoxide Poisoning

To support your claims, we need evidence. Since carbon monoxide has no color or odor, it can be difficult to prove that a leak has occurred. We may need to rely on medical information and expert testimony to prove that you experienced carbon monoxide poisoning.

Your medical records are important because carbon monoxide poisoning is not always outwardly visible. Victims often simply appear to have fallen asleep.)

We must also present evidence of the damage that caused the leak. The entire building or house may need to be inspected to determine exactly how the carbon monoxide leak occurred. If we suspect a faulty HVAC system is the cause, it must be thoroughly inspected by professionals who can then testify about their findings.

Carbon Monoxide Injuries and Damages You Can Sue for in Pennsylvania

Carbon monoxide poisoning can lead to devastating medical complications. People often do not realize there is a carbon monoxide leak in their home, as it is an odorless and colorless gas. When there is a leak, victims may unknowingly inhale it for hours on end.

Severe carbon monoxide poisoning can lead to neurological issues. Since carbon monoxide binds to red blood cells like oxygen does, it can build up in your system if you are exposed for long enough. Ultimately, carbon monoxide replaces the oxygen in your body, leading to serious brain and neurological issues.

Severe respiratory issues may also arise in victims of carbon monoxide poisoning. Shortness of breath and more serious breathing impairments are common symptoms, and you should seek help immediately if you have trouble breathing.

If a person is exposed to carbon monoxide long enough, the exposure may be fatal. In that case, family members may sue for the wrongful death of a loved one. This is common in cases where victims go to sleep without realizing there is a carbon monoxide leak in the house.

How to Begin a Lawsuit for Carbon Monoxide Poisoning

The very first thing you should do if you suffer carbon monoxide poisoning is to get emergency medical help. Your injuries may be severe or even fatal if not treated quickly. You should also contact the police and report the carbon monoxide leak. This may present a bigger emergency than you realize, especially if you live in a large apartment building or complex.

Once you have received medical care, contact an attorney. They can advise you of your legal options, such as filing a lawsuit, and help you gather evidence to build your case.

You should notify the gas company or the Department of Health about the accident. They may be able to send someone to inspect the premises to determine where and how the carbon monoxide leak occurred.

Contact Our Pennsylvania Personal Injury Attorneys for Legal Support

For a free review of your claims, call our Bensalem, PA personal injury lawyers at The Reiff Law Firm at (215) 709-6940.