Symptoms of CO exposure include headaches, dizziness, nausea, shortness of breath, fatigue, confusion, agitation and hallucinations. At high levels, carbon monoxide can kill a person within minutes or cause serious brain damage and other injuries. Infants, elderly persons and people with respiratory or heart problems are especially susceptible.
Under the doctrine of premises liability, landlords might be liable for CO poisoning if they knew of a dangerous condition on the premises and failed to correct it. Liability might arise if a landlord installed appliances such as kerosene gas heaters, gas ranges and ovens or oil and gas furnaces, but failed to periodically inspect and service the appliances.
While liability is less clear where a landlord failed to install a CO detector or to warn the tenant of the duty to test the CO detector, a claim against the landlord for this failure should be made, especially if serious injuries result. In the Brooklyn incident mentioned above, the landlord might be found negligent if he or she had installed the device and failed to maintain it by installing batteries, similar to cases involving smoke detectors.
Tenants can protect themselves by requesting that a landlord inspect the heating system, water heater and any fuel-burning appliances annually. Suspicious odors should not be ignored. All gas appliances should be vented. Chimneys should be cleared for obstructions. A CO detector is helpful, but if a tenant suspects a problem, he or she should evacuate the building immediately and call for help.
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The lawyers of TROLMAN GLASER CORLEY & LICHTMAN, P.C., have been successfully handling personal injury and motor vehicle accidents for more than 50 years. We have the skill and experience to determine the necessary monetary and legal elements of compensation and to pursue a monetary award for the hardships you and your family presently face and what you may face in the future.
Contact our New York attorneys today online or by telephone at (888) 627-4274 to schedule a free consultation. If your injury prevents you from coming to our law office, we will visit you at the hospital or at your home. Se habla español.