If you sustained carbon monoxide poisoning due to another party’s negligence, it is imperative that you understand your legal options, like whether or not you can sue for damages and compensation. Carbon monoxide poisoning can be deadly, so it is crucial that you take this situation seriously. For more information and skilled legal advice, contact a knowledgeable Pikeville, KY personal injury lawyer today.
What is Carbon Monoxide Poisoning?
Carbon monoxide poisoning is a health condition that occurs when there is a buildup of carbon monoxide in the blood. Carbon monoxide (CO) is a colorless and odorless gas that is produced when fuel like gasoline, propane, wood, and coal is burned incompletely. When fuel burns, there must be enough oxygen to allow the fuel to fully react and produce carbon dioxide and water as byproducts, leaving behind no unburnt fuel.
When there is insufficient oxygen, the fuel will not burn fully and instead leaves behind carbon monoxide and other toxic substances. Common causes of carbon monoxide include faulty or poorly maintained furnaces, malfunctioning gas stoves or ovens, blocked vents or chimneys, running vehicles in enclosed spaces, etc.
Symptoms of carbon monoxide poisoning include the following.
- Headache
- Weakness
- Dizziness
- Nausea
- Shortness of breath
- Confusion
- Blurred vision
- Loss of muscle control
- Sleepiness
- Loss of consciousness
- Memory loss
Exposure to carbon monoxide can cause significant illness, impairment, and even death.
Can I Sue for Carbon Monoxide Poisoning?
If your carbon monoxide poisoning was caused by someone else’s negligence or a defective product, you may be able to sue for damages. In general, you can pursue a personal injury, premises liability, or product liability claim after being wrongfully exposed to carbon monoxide.
To win your case and secure compensation, you will need to prove that the other party was negligent in some way. For example, suppose that a defective appliance caused the carbon monoxide exposure in your home. You may be able to sue the manufacturer of the device under product liability laws, but you must prove that they were negligent in the design or building of the appliance. Negligence is proven by establishing the following four elements.
- The defendant owed you a duty of care
- The defendant breached the duty of care
- The breach of duty caused the incident and injuries
- You sustained real damages as a result
Continuing this example, you can win your lawsuit against the appliance manufacturer by demonstrating that the company owed you a duty of care as a consumer to ensure a safe design and proper functioning of the product, the company breached the duty of care by failing to properly test and check the product’s functionality, their failure caused the carbon monoxide exposure, and you suffered financial and other losses as a result of your exposure.
If successful, you can collect compensation for your medical expenses, lost wages, emotional distress, pain and suffering, and more. Reach out to an experienced attorney for skilled legal counsel today.
