Carbon monoxide, or CO, is a hazardous gas that can be deadly. There is no odor, no taste, and no color. It is impossible to detect without a carbon monoxide detector. Some incidents of CO exposure could be attributed to a failure to understand the effects of the gas or a judgment error, but most are a result of a situation that was preventable, but neglected. In Pennsylvania, our carbon monoxide poisoning lawyers have found that a number of cases were because of the following negligent or careless actions; such as:
- Failure to maintain the property on part of the landlord
- A ventilation or exhaust pipe leak
- Defective products
- Poor installation, maintenance, or repair
- Insufficient ventilation
If another party is negligent, and an injury or death resulted from exposure to carbon monoxide poisoning, that party may be liable for damages. A majority of cases that involve liability fall under the category of premise liability or product liability. These legal areas are akin to branches of personal injury law and any associated case should be overseen by a qualified personal injury lawyer who handles carbon monoxide poisoning claims.
Parties that Could Be Held Responsible
If you or a loved one was exposed to carbon monoxide which resulted in an injury, you may be able to file a claim or lawsuit against the following parties:
- The landlord
- Business owner
- Product designer
- Installation company
- Maintenance company
- Repair company
- + More
It is essential to identify the parties who were involved before pursuing legal action. In general, these claims are considerably difficult to navigate because they tend to involve complex legal theories, questions, limited evidence, and many parties. Usually expert witnesses will need to be called upon, and may be asked to testify in arbitration or trial. The sooner you consult a carbon monoxide poisoning lawyer, the better.
The Responsibility of Premise Owners
Business owners, landlords, companies, and other owners of properties have a responsibility to maintain a safe environment for anyone who has been invited on the the premise, or otherwise works there. When this responsibility is not met, and someone is injured because of CO exposure, they can be liable. Damages that may be recovered include:
- Medical care
- Future medical care
- Lost wages
- Loss of income
- Pain and suffering
- Loss of consortium
- Emotional anguish
- Funeral/burial expenses
Not all carbon monoxide exposure cases will involve liability or negligence on the part of another party. For example, if a landlord did not know an appliance was malfunctioning, they may not be liable. Typically it takes the skill of a competent carbon monoxide poisoning lawyer to investigate the elements of the case.
Although you may have up to 2 years, give or take, to file a claim, you should not waste anytime. In these cases, it is prudent to begin an investigation and to preserve evidence. The longer you wait, the more likely you may risk losing compensation.
If you suffered CO exposure, please call a carbon monoxide poisoning lawyer from Wieand Law Firm now.