In apartment buildings that use fuel-burning appliances, there is always a risk of carbon monoxide poisoning, also known as appliance poisoning. According to the U.S. Fire Administration, this invisible killer takes the lives of over 150 Americans each year. Landlords and property managers in San Antonio and across Texas have a duty to do their part in preventing appliance poisoning. When they fail to do this and poisoning occurs, an injured party can sue for damages.
If appliance poisoning has injured you or a family member in your apartment dwelling, calling a Texas lawyer is the best way to protect your right to compensation. The San Antonio premises liability attorneys at Carabin Shaw have decades of experience holding negligent parties accountable for their victims ’ losses. We know how to get our clients the settlements they deserve, and we offer our services on a contingency-fee basis, so you don’t have to pay us unless we win your case.
What Is Appliance Poisoning?Appliances that burn fuel as an energy source produce the byproduct of carbon monoxide. These appliances typically use natural gas or propane. Examples of fuel-burning appliances you may find in San Antonio, Texas include:
Improper installation and general wear and tear can create unsafe appliances that poison the inhabitants of an enclosed space. Landlord liability for carbon monoxide poisoning typically stems from gas leaks caused by faulty installations or a lack of maintenance. Landlords may be liable when they fail to maintain safe appliances or fail to provide carbon monoxide detectors.
The Dangerous Effects of Carbon MonoxideCarbon monoxide poisoning causes headaches, dizziness, nausea and vomiting, confusion, and sleepiness. If a victim cannot leave the location, they will succumb to death. Getting to fresh air is critical, and victims should seek medical treatment as soon as possible. Calling a San Antonio apartment CO poisoning lawyer is an important next step, but only after the victim is medically stable.
Because carbon monoxide is an invisible killer, many victims don’t realize the effects of long-term, low-level poisoning. This may occur when an appliance has a slow gas leak. The person experiencing long-term poisoning may have neurological and cardiovascular problems without understanding that they are suffering the effects of appliance poisoning. Suing apartment manager for CO poisoning usually happens because the apartment did not have proper CO detectors to notify residents of an unsafe appliance.
Holding San Antonio Apartment Managers Accountable for Appliance PoisoningWhen you meet with your Texas lawyer for the first time, he or she will review your case and determine whether or not you can file a claim against your apartment manager for negligence. The court determines negligence based on four factors, all of which must be present for the manager to be responsible. The factors of negligence are:
This means that there must be harm, and the apartment manager's actions, or lack of action, must have caused that harm. Your lawyer will also help you to identify and compute damages. Compensable damages for appliance poisoning include:
An attorney helps calculate damages, especially subjective damages such as pain and suffering, which vary from victim to victim. In cases of gross negligence, the victim may also be eligible to receive punitive damages. You can help your attorney by keeping all paper records and keeping a journal of your symptoms and experiences.
Apartment Poisoning Injuries From Headaches to Wrongful Death | Contact Carabin Shaw Today to Schedule Your FREE Case ReviewAt Carabin Shaw, our premises liability and commercial vehicle accident lawyers know how to hold negligent parties accountable while maintaining our compassion for your losses, especially when those losses include death. Please read our law firm’s client reviews to learn more about how we manage clients’ challenging circumstances and help them achieve the financial recovery they need to maintain their livelihoods.
When you’re ready to begin your legal journey, call our toll-free number at 1-800-862-1260 to schedule a free consultation. We have English- and Spanish-speaking staff available 24/7 to speak with you.
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