Key Takeaways

  • Carbon monoxide (CO) exposure comes from fires, gas appliances, vehicles in enclosed spaces, generators, and industrial equipment.
  • CO poisoning causes serious health risks, including hundreds of deaths and thousands of emergency visits annually in the U.S.
  • Property owners and employers must maintain appliances, ensure proper ventilation, and install CO detectors to prevent exposure.
  • Indiana law requires CO detectors in homes and rentals with fuel-burning appliances or attached garages, allowing victims to file personal injury claims.
  • Federal guidelines and OSHA rules protect workers from CO, enabling compensation claims for negligence or unsafe workplace conditions.

Wagner Reese is committed to fighting for victims of personal injury, ensuring they receive the justice and compensation they deserve. Our dedicated team provides comprehensive legal assistance for cases involving carbon monoxide poisoning, a silent but deadly threat that can lead to severe health consequences or even fatalities. 

We understand the complexities surrounding these incidents and are well-versed in the legal rights of victims, including the right to seek compensation for medical expenses, lost wages, pain and suffering, and other related damages. At Wagner Reese, we meticulously investigate each case, identify liable parties, and advocate vigorously on behalf of our clients to hold those responsible accountable and secure the best possible outcomes.

Photo of Carbon Monoxide Poisoning

Understanding CO Exposure

People are exposed to carbon monoxide (CO) through various sources, primarily due to the incomplete combustion of fuels. Common sources of CO exposure include:

  • Fires: Carbon monoxide is a byproduct of burning carbon-containing materials. During a fire, smoke contains a mixture of gases, including high levels of CO. Inhaling this smoke can lead to CO poisoning.
  • Household Appliances: Gas-powered appliances such as furnaces, water heaters, stoves, and ovens can produce CO if they’re not properly ventilated or maintained.
  • Automobiles: Running vehicles in enclosed spaces, such as garages, can lead to dangerous CO buildup.
  • Portable Generators: Using portable generators, especially indoors or near windows and doors, can result in CO emissions.
  • Fireplaces and Wood Stoves: Poorly vented or malfunctioning fireplaces and wood stoves can emit CO.
  • Charcoal Grills: Using charcoal grills indoors or in enclosed spaces can produce high levels of CO.
  • Industrial Equipment: Certain industrial equipment, such as forklifts and welding machines, can emit CO, posing a risk in poorly ventilated areas.

Carbon monoxide (CO) exposure remains a significant public health concern. Each year, more than 400 Americans die from unintentional CO poisoning not linked to fires, and more than 100,000 visit the emergency room due to CO exposure. 

Additionally, in 2022, there were 1,244 deaths in the U.S. attributed to CO poisoning, with 624 of those being accidental. These statistics highlight the ongoing risks associated with CO exposure and the importance of preventive measures and timely medical intervention.

CO Poisoning Information: What Are Your Legal Rights?

Property owners, including landlords and business owners, have a legal duty to ensure their premises are safe and free from hazards, including carbon monoxide (CO) exposure. If a property owner fails to maintain appliances, ensure proper ventilation, or install CO detectors as required by law, they can be held liable for any resulting injuries or deaths. This liability can extend to both residential and commercial properties. 

Property owners must regularly inspect and maintain heating systems, water heaters, and other fuel-burning appliances to prevent CO leaks. Failure to do so can result in legal action for negligence, where victims can seek compensation for medical expenses, lost wages, pain and suffering, and other damages.

Rights of Victims Under Indiana Law

Indiana Code 22-11-18-3 mandates that all newly constructed homes and rental properties must have CO detectors installed if they contain a source of CO, such as an attached garage or a fuel-burning appliance.

Victims of CO poisoning in Indiana can file personal injury lawsuits against negligent parties, including landlords, property managers, and employers, to recover damages.

Indiana law allows for both compensatory damages (covering medical expenses, lost wages, etc.) and, in some cases, punitive damages to punish particularly egregious behavior.

Federal Law

While there is no overarching federal law mandating CO detectors in all properties, the U.S. Consumer Product Safety Commission (CPSC) provides guidelines and recommendations for CO safety.

The Occupational Safety and Health Administration (OSHA) sets permissible exposure limits for CO in the workplace and requires employers to monitor and control CO levels to protect workers. Victims can seek remedies under federal regulations if their exposure occurred in a workplace setting, including workers’ compensation claims and, in some cases, personal injury lawsuits for negligence.

Turn to Wagner Reese for Carbon Monoxide Legal Help

Wagner Reese offers expert legal representation for victims of carbon monoxide exposure, ensuring their rights are protected. Our experienced attorneys meticulously investigate each case, identify liable parties, and pursue maximum compensation for medical expenses, lost wages, and suffering, providing comprehensive support throughout the legal process. Contact our personal injury law firm today to discuss your claim.

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