Can You Sue a Landlord for Carbon Monoxide Exposure in Texas? El Paso Legal Guide

The high quality of life and low cost of living attract many renters to El Paso. However, potential tenants should exercise caution when choosing their new home, particularly if the building is older. Hidden hazards, such as carbon monoxide leaks, can transform your “home sweet home” into a danger zone.

Carbon monoxide (CO) is a dangerous gas that can cause severe injuries or even death. The El Paso personal injury lawyers at Carabin Shaw help victims of carbon monoxide accidents pursue damages for their injuries when the exposure was due to a landlord’s negligence. Our experienced team is available 24/7 and provides free consultations in English or Spanish. Call us toll-free today at 1-800-862-1260 or contact us online to learn more.

Carbon monoxide is a gas that can be nearly impossible to detect, since it has no color, odor, or taste. It can be emitted by fuel-burning appliances, vehicles, and generators. When inhaled, it depletes the body of oxygen, resulting in headaches, confusion, nausea, vomiting, and sleepiness. Unchecked, CO exposure can lead to loss of consciousness, coma, and even death.

Because carbon monoxide is so dangerous, installing CO detectors is imperative in any dwelling in El Paso, Texas. Although there are no state laws regarding these detectors, property owners who don’t include them, or fail to maintain the detectors or CO-emitting appliances, can be liable if a tenant suffers carbon monoxide poisoning under Texas’s premises liability laws.

If your landlord’s negligence led to your carbon monoxide exposure, you can sue for compensation for your medical expenses and other related losses. However, your attorney must prove your landlord was negligent in some way. Negligence means the landlord failed to exercise a duty of care that a reasonable person would have done in a similar situation.

Common examples of negligence in CO lawsuits include a failure to:

• Install carbon monoxide detectors inside the rental unit
• Inspect and maintain the CO detectors to keep them in working order
• Inspect, maintain, or repair gas-powered appliances
• Clean and maintain air ventilation systems

Your lawyer will conduct a thorough investigation of your accident to determine how and why the carbon monoxide exposure occurred. If negligence was involved, you can hold your landlord accountable for their failure to keep you safe in your home.

During their investigation, your attorney will gather evidence to prove negligence and build a strong case for compensation for your losses. Evidence might include:

• Medical records documenting your injuries
• Maintenance and inspection reports
• Complaints by other tenants
• Expert testimony on how the CO exposure occurred

The statute of limitations for personal injury lawsuits in Texas is two years from the date of the injury. Don’t wait to contact an experienced attorney for help. We offer our services on a contingency-fee basis, so you get the expertise you need right away at no upfront cost.

Texas law allows victims of carbon monoxide poisoning to seek economic and non-economic damages. Economic damages are those that can be accurately calculated using receipts, bills, invoices, and other documentation. These damages include:

• Medical expenses
• Lost wages
• Loss of future earnings

Non-economic damages cover intangible losses and might include:

• Pain and suffering
• Mental and emotional anguish
• Disability and disfigurement
• Loss of enjoyment of life
• Loss of consortium

Your lawyer will calculate your damages based on your current and future losses to ensure you receive sufficient compensation to restore your life and move forward after your injuries.

If you have suffered carbon monoxide poisoning in El Paso and you’re still unsure about getting legal guidance, check our law firm’s client reviews to see how we’ve helped other accident victims like you. Then call Carabin Shaw toll-free at 1-800-862-1260 or contact us online to get the expert help you need.

For more information:

• LIMITATION OF LANDOWNERS' LIABILITY
• Negligence
• LIMITATIONS OF PERSONAL ACTIONS
• DAMAGES