Carbon Monoxide Poisoning Attorney

Carbon monoxide poisoning is both serious and extremely dangerous. Every year many people are made sick as a result of the exposure and some die as a result of being exposed to the gas. In many cases those who are exposed are not aware of the situation taking place. Since carbon monoxide is both an odorless and colorless gas any exposure is without notice. Being exposed to carbon monoxide can have long lasting or permanent injuries. If you have been exposed and are now injured as a result you are entitled to compensation for your injuries.

Laws for Carbon Monoxide Detectors

California law does require that you install carbon monoxide detectors in your “dwelling”. California Health and Safety Code Section 17926 (a). This particular code required that all owners of a dwelling that is used for human occupancy install a detector. It is required that they install an approved device if the dwelling. This includes any property that burns fuel, has a gas heater or appliance, fire place or an attached garage.

Keep in mind that the landlord has a duty to rent you a property with carbon monoxide detectors. However, it is the duty of the tenant to notify the landlord if and when the detector fails to work or is not working properly. This includes drained batteries or any other issue with the device. Make sure you immediately notify the landlord of the issue so that you can have the device repaired. Any request for repair should be made in writing.

What if I was injured from Carbon Monoxide?

Injuries are very common from monoxide poisoning. In many cases the injured party will begin to feel much better the moment they get clean or fresh air. However, in more serious cases significant injuries can arise. If no detector is present, injured parties can suffer serious poisoning that can cause brain damage and other related injuries. This is common when the exposure takes place at night time when the parties are asleep. Additionally, if the home does not have detectors in place they will not notify the parties of the threat of exposure.

Common injuries are often related to the concentration of the exposure. In other words what is the ration of the carbon monoxide to oxygen present in the room. In cases where you have high concentrations you have significant injuries which can result. Additionally chronic exposure can continue to cause extensive cardiovascular injuries. If you have been exposed you must speak with a medical professional immediately.

What are my rights?

Depending on the extent of your injuries you are entitled to certain options. If you had suffered a serious injury you will be entitled to recovery for your damages. In most cases you recovery will be proportional to the extent of your damages. However, in certain cases you can pursue a claim for damages even when you are not seriously hurt. It is important to discuss these issues with your attorney to get a better understanding of your case.

Additional Information:

CDC Information on Carbon Monoxide







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