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Legal Rights of Tenants | CO Poisoning Due to Poor Ventilation in San Antonio, Texas

Carbon monoxide is a dangerous, colorless, odorless gas, often called the “silent killer.” It is produced by malfunctioning or improperly ventilated fuel-burning appliances, such as furnaces, water heaters, stoves, and more. When a rental unit lacks proper ventilation or safety devices, tenants can be left at-risk of poisoning, resulting in serious injury or even death. In San Antonio, Texas, tenants have legal rights and protections that help ensure their homes are safe. Understanding these rights and what to do if they’re violated by improper safety practices can help victims pursue compensation and seek justice against negligent parties.

Every situation is different, which is why it’s important to speak with a local lawyer about your specific options. Understanding your rights is essential to recovering losses and moving forward with confidence after carbon monoxide exposure. Contact the skilled, compassionate attorneys at Carabin Shaw as soon as possible to learn more about your legal options and schedule your free case review.

Tenant Rights to a Safe, Livable Home

Under Texas law, every tenant has the right to a habitable and safe dwelling for the duration of their lease. This means that the tenant's basic health and safety standards are met, like structurally sound walls and roofs, functioning electrical and ventilation systems, and working smoke and carbon monoxide detectors.

Even if this isn’t explicitly stated in a lease agreement, these protections are generally recognized by Texas courts as part of landlord-tenant law. A qualified property negligence attorney will build a case arguing that a duty of care was breached and argue on your behalf that your rights were violated.

Carbon Monoxide Detector Requirements in Texas

Texas does not have a statewide law requiring the installation of carbon monoxide detectors in a dwelling; however, the law does require smoke and carbon monoxide detectors under many circumstances.

Seeking the counsel of an experienced attorney is crucial, but important rules tenants should know include:

  • Landlords are generally responsible for installing CO detectors and ensuring they function properly at the beginning of the tenancy.
  • Landlords have an ongoing duty to inspect these devices for the duration of the lease.
  • Tenants should immediately notify their landlord in writing if they notice a CO detector is missing, broken, or otherwise malfunctioning. Having a written record can be useful when suing for unsafe living conditions.
Legal Action When a Landlord Fails in Their Duty

There are legal options available when landlords negligently expose tenants to unsafe conditions and carbon monoxide. In San Antonio TX, this often includes negligence and liability claims.

A landlord may be liable when:

  • They owe a duty to protect the safety of tenants
  • This duty is breached
  • Injuries resulted as a direct result of this negligence

A Premises liability lawyer in San Antonio will work to prove the negligent practices and help you to recover damages, both economic and non-economic.

The Importance of Seeking Legal Counsel

An experienced landlord-tenant attorney can make all the difference in your claim. They will be well-versed in the proper protocol to follow and the complex legalities involved. Your lawyer will build a compelling case, handle negotiations, and represent you in court if necessary. They know what it takes to successfully defend a claim and will help guide you through what can be an overwhelming process.

Don’t fight alone; the experience and expertise of a Bexar County personal injury law firm will give you the best chance at having a successful claim.

Suffering from CO Poisoning? Hold Negligent Parties Accountable in Central Texas, and Contact Carabin Shaw to Book Your FREE Consultation

The top San Antonio attorneys at Carabin Shaw know what it takes to win. We are committed to our clients and fight relentlessly to ensure justice is served, as you can see from our law firm’s client reviews. In fact, we’re so confident in our team that we offer our services on a contingency-fee basis. That means you don’t pay if we don’t win.

For a free case review, call now, toll-free, at 1-800-862-1260. We have English AND Spanish-speaking staff available 24/7 to take your call. Don’t delay; get started on your path towards justice today.

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