It’s that time of year again, when we start hearing about people injured from toxic carbon monoxide exposure. Carbon monoxide, or “CO” as it’s commonly referred to has been called a “silent killer” because it is odorless, tasteless and colorless. This toxic gas kills hundreds of persons in the United States yearly and just in Utah, sends hundreds of residents and visitors to emergency departments throughout the state. As a Utah personal injury lawyer, I’ve seen firsthand how this gas can poison — and even kill — those who don’t even know they’re being poisoned. In this blog, I’ll discuss (1) the dangers of carbon monoxide, (2) how injuries from it can be prevented, and (3) what legal remedies are available if you or a loved one have been poisoned by it.
Why is Carbon Monoxide Dangerous?
Carbon monoxide gas develops when there is an incomplete burning of fossil fuel or carbon-containing fuels. Some common sources of CO come from:
- Fireplaces and wood stoves
- Water heaters and furnaces
- Cars and other gasoline-powered devices, such as generators
- Camp stoves and charcoal grills
It’s important to note that when these items or appliances are used in well-ventilated areas, there usually is not a problem. When they are not ventilated properly or are used improperly, that’s where we are more likely to see the buildup of dangerous CO gas.
Carbon monoxide is dangerous because it prevents your blood from carrying vital oxygen to important organs in your body, like your brain. Technically speaking, CO injures its victims when it binds itself to hemoglobin in your blood, rather than it binding to oxygen. This has the effect of lowering the amount of oxygen the blood can carry and leads to tissue and organ damage. Your body needs oxygen! Symptoms of CO poisoning, which are often mistaken for having the flu, include:
- Headaches
- Dizziness
- Weakness
- Vomiting and nausea
- Confusion
- Shortness of breath
- Blurred vision
When there has been significant, acute exposure, victims can lose consciousness and even die. Lower, more prolonged exposure can lead to neurological injury and other long-term health problems. While every human exposed to CO can be poisoned, other groups are at a higher risk for injury, including: unborn children, infants, elderly persons, those with respiratory problems, heart disease or anemia.
Preventing Carbon Monoxide Poisoning
To minimize the chances of getting poisoned by CO exposure, consider doing the following:
- Install CO detectors. You can purchase a plug-in or battery unit (or both). These units should be installed or placed near the area you sleep. Keep the batteries in them fresh and replace the units every 5-7 years. And if you travel, bring a battery-powered CO detector with you. Even if you stay at a recognized hotel chain, do not trust that they are looking out for your safety. You could get a handheld device like this on Amazon.
- Annual inspections. Schedule annual check-ups of your fuel-burning appliances at least once a year to make sure they burn cleanly and exhaust properly.
- Proper ventilation. Your gas-burning appliances should be properly exhausting gas outside your dwelling. An annual inspection should check for this. In the meantime, beware of other ways CO gas can get into your living area, including using a gas-powered engine (such as a generator) or barbeque in a living space (or even garage). Keep in mind that gas stoves don’t exhaust outside, so you’ll want to make sure exhaust fans are on and/or windows are open to help ventilate your living space.
- Vehicle ventilation. Never run your car in a closed garage. Open the garage door before starting it.
- Education. Be aware of the signs and symptoms of CO poisoning. Being aware could save your life if you feel like you could be exposed to toxic CO gas.
What to Do if You Suspect CO Poisoning:
- Move outside the space to fresh air
- Call 911 or emergency services
- Don’t go back in until the area has been cleared
What Legal Remedies are Available? If you or a friend or loved one have experienced carbon monoxide poisoning, you may have a claim and be entitled to compensation. As a personal injury lawyer, I’ve helped a number of clients with legal claims in the following areas:
- Premises Liability. Whether you have stayed in an Airbnb and gotten poisoned by a defective boiler or a national hotel chain that disabled carbon monoxide detectors instead of fixing the problem, the owners and/or managers of these places have a duty to make sure conditions are safe for their guests. They have the responsibility to make sure their water heaters, heaters, pool boilers, etc., are safely installed, working safely, and are properly exhausted. While there is no duty to provide a CO detector, once they do, they need to do so safely and keep it maintained.
- Faulty Products. Companies that make gas burning appliances, cars, etc., can be held responsible if their products malfunction and cause CO poisoning.
- Workplace Poisoning. Employers are required to make sure their workplaces are safe for their employees. They need to monitor CO levels in the workplace and make sure there is proper ventilation to reduce CO poisoning. Keep in mind that workplace carbon monoxide poisoning will usually be considered a “workers compensation” claim unless it is proven the employer intended to poison their employees – a very high bar.
- Improper Installation. Contractors have a duty to correctly install gas-burning appliances, such as water heaters and home heaters. They need to make sure the venting is appropriate and in good repair when the appliances are installed. If they don’t, they could be responsible if you become CO poisoned. However, if your brother in law installed it, you may be out of luck!
Available Legal Remedies. Available remedies include compensation for:
- Medical bills
- Pain and suffering
- Past and future lost wages
- Long-term care costs
- Wrongful death damages
In Utah, you generally have four years to make a claim for personal injury damages. However, the time could be much shorter. If your claim involved a government-maintained facility, the time could be as short as one year. If your claim involves a defective product, your claim could be two years. If someone died as a result of CO poisoning, the statute of limitations is two years. Like all claims, you should contact a lawyer to make sure you are in the know as to what the limitations period is. Consultations with our office are free and will give you piece of mind knowing what the deadlines are. Regardless, you should contact a lawyer with carbon monoxide poisoning experience as soon as possible to find out what your rights are connected to your unique case.
While carbon monoxide poisoning can be a serious threat, it is mostly preventable if proper precautions are taken. Knowing what the risks are and ways to prevent it will go a long way in protecting yourself and your family from this “silent killer.”
Ron Kramer is a CO poisoning personal injury lawyer licensed in Utah, Nevada and Idaho.
