Statute of Limitations for a Carbon Monoxide Poisoning Case

In California, the statute of limitations to sue for carbon monoxide poisoning is 2 years. If you are filing a personal injury claim, meaning you are the person that was injured, you must file a claim within 2 years of when you were exposed to excess levels of CO due to negligence by another party. Or, you can sue the liable entity within 2 years of when you found out about health complications caused by breathing in toxic levels of carbon monoxide.

In the event your family member or spouse died from CO poisoning, your time limit to file a claim is 2 years from when the victim passed away. This is known as a wrongful death lawsuit, and it’s based on the financial losses and emotional distress you incurred as a result of losing your loved one.

Exceptions to the Statute of Limitations

Though personal injury lawsuits generally have a 2-year statute of limitations, this is not an iron-clad rule. There are exceptions that can be applied, which you can learn about from a personal injury attorney. For example, if you were a minor at the time of the injury, the 2-year window does not begin until you turn 18. Thus, you are allowed 2 years starting from your 18^th birthday to file a claim for compensation.

In some cases, you actually have less time to file a lawsuit. A common example has to do with liability claims against the government, like city agencies and public school systems. These entities have special protections, including a much shorter time for injury victims to file a claim for monetary damages. So, if a government entity is at fault for the harm you suffered, you must file a claim no later than 6 months from the incident date.

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Duty to Protect People from CO Poisoning

Various entities have a legal duty to prevent excessive CO levels on their premises, and this includes landlords of apartment buildings and other rental properties. Landlords and leasing companies must install CO detectors, which is the easiest way to prevent people from poisoning by carbon monoxide. In addition, landlords must check all appliances, particularly stoves and ovens, prior to a tenant moving in to ensure there are no carbon monoxide emissions. The heating system should be checked as well, considering how many cases of CO poisoning are traced to malfunctions with boilers, water heaters, furnaces, and other heating sources.

These guidelines, particularly the requirement to provide you with a functioning, up-to-date carbon monoxide detector is spelled out in the Carbon Monoxide Poisoning Prevention Act of 2010. That means not having a working CO detector in your home is a legal violation, and you would have the right to sue your landlord if you suffered harm because of carbon monoxide emissions.

Other parties that may be liable for incidents of CO poisoning include business owners, particularly hotels, motels, and similar lodgings. Aside from a failure to install and maintain CO detectors, these places can have defective appliances that emit high levels of carbon monoxide gas.

If the source of the problem is a specific product, like a faulty heating system, it’s possible that the manufacturer is to blame. In fact, there are many products, like lawnmowers and chainsaws that can leak high levels of CO and caused people to suffer. When a company that manufactures an item is at fault for injuries to the public, those who are affected may have grounds to file a product liability lawsuit.

How Does Carbon Monoxide Poisoning Effect Your Health?

Carbon monoxide is a gas with no color, odor, or taste, so victims may be unaware that they are exposed to the gas at dangerous levels. At high levels of ingestion, CO will attack the red blood cells and cause oxygen deprivation. As the red blood cells die off, the rest of your body is deprived of oxygen, and this can cause death if the victim does not get help right away. Other complications resulting from carbon monoxide poisoning include:

• Headaches

• Dizziness

• Nausea

• Vomiting

• Fatigue

• Shortness of breath

• Muscle weakness

• Loss of consciousness

• Problems with balance and coordination

Please note that failure to get medical attention is likely to cause permanent damage to your lungs, brain, heart, and other parts of the body. To prevent brain damage, permanent breathing problems, and other severe health issues, make sure to go an emergency room if you are experiencing symptoms of carbon monoxide poisoning.

Compensation if You File a Lawsuit

With help from a California CO poisoning lawyer, you can obtain compensation from the negligent party, which may include:

• Medical expenses

• Funeral / burial costs

• Lost wages or loss of expected income

• Pain and suffering

• Emotional distress

• Loss of consortium

• Punitive damages

• Attorney’s fees

The type of lawsuit you are filing, the level of injury, your relationship to the deceased and many other factors play a role in the damages you are entitled to. Our lawyers can educate you on the compensation that applies to your case and ensure that the highest possible settlement is obtained on your behalf.

Contact Our Law Firm

The legal team of Normandie Law Firm is with you every step of the way if you or your family experienced carbon monoxide poisoning through no fault of your own. As part of our commitment to injury victims, we promise that you will never pay out of pocket for the cost of legal services. Under a contingency agreement known as the Zero Fee Guarantee, legal fees are deducted as a percentage of your settlement. In other words, we do not get paid unless we succeed in bringing you compensation.

Please get in touch and schedule a free consultation with a carbon monoxide exposure lawsuit attorney.

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