Can You Sue for Carbon Monoxide Poisoning in Houston TX? A Step-by-Step Guide

More than 100,000 people go to the emergency department each year for carbon monoxide (CO) poisoning not linked to fires, according to the U.S. Centers for Disease Control and Prevention (CDC). These accidents are often linked to dysfunctional gas appliances, the indoor use of portable gas-powered appliances, or automobile exhaust. The effects of these events can be severe and long-lasting, including death in some poisoning cases. Hiring a lawyer and seeking compensation for your losses after a CO injury in Houston helps victims manage costs and maintain their household during recovery.

The trusted Texas attorneys at Carabin Shaw understand the serious risks of carbon monoxide poisoning and who may be responsible. We know how to hold negligent parties accountable so they can be required to compensate you for the harm you’ve suffered. Call our toll-free number at 1-800-862-1260 today for a free consultation. Never wait for help. Access our bilingual support team 24/7 for immediate assistance in English or Spanish.

Carbon monoxide is a colorless and odorless deadly gas, and it is the byproduct of gas- and oil-burning appliances. In the open air, CO gas dissipates and is generally not a danger. However, in enclosed spaces, CO gas can quickly lead to injuries or death in Houston, Texas.

Common appliances that may use gas or oil include:

• Stoves
• Water heaters
• Furnaces
• Barbecues
• Portable generators

Improper installation, maintenance, or use of these appliances can cause CO to leak and accumulate in a living space. Your lawyer may also help you hold a manufacturer liable for product defects that result in a leak. While CO detectors are life-saving devices, many people don’t have them, which is why people often call CO a silent killer. Without a detector, victims may not notice that they are suffering the symptoms of poisoning until it is too late.

Your carbon monoxide poisoning lawyer in Houston will be able to help you hold landlords, installers, manufacturers, and maintenance companies liable for negligence. Negligence has four parts:

• Duty
• Breach of duty
• Damages
• Causation

If the at-fault party in your case meets all of these components of negligence, you may be eligible for compensation. Your Texas lawyer will need to investigate your poisoning incident to determine whether a property owner or company is liable for injuries. An example of negligence might be a contractor cutting your furnace vent into the attic, releasing CO gas into the space.

A Houston carbon monoxide attorney will need as much information about your appliance as possible to prove that another party acted negligently or that they were strictly liable for their product. You can help your attorney by providing any product information, including the manufacturer's name, receipt, model numbers, etc. If you have any maintenance records or evidence that a third-party caused the incident, that could be beneficial to your case.

In some cases, a victim may be partially at fault, as in the improper use of a portable appliance. In this case, your attorney can still file a lawsuit if the portable product manufacturer did not adequately warn of the risk. Texas is a comparative fault state, meaning you can recover compensation for your injuries even if you were partially at fault, as long as your fault does not exceed 50%.

It may seem like a big step to hire a carbon monoxide poisoning attorney to file a personal injury claim after a CO poisoning, but a good legal team, such as the one available at Carabin Shaw, makes it easy. We offer our services on a contingency-fee basis, so you don’t pay unless we win your case.

Can you sue for carbon monoxide poisoning in Texas? The answer is yes! Read our law firm’s client reviews to find out more about the quality legal services available at Carabin Shaw.

For more information:

• https://www.cdc.gov/carbon-monoxide/about/index.html
• https://www.law.cornell.edu/wex/negligence
• https://tcss.legis.texas.gov/resources/CP/pdf/CP.33.pdf#33