Midland Carbon Monoxide Poisoning Attorneys: Liability for Missing CO Detectors in Texas Rentals

Carbon monoxide (or CO) is the gas byproduct of burning, a danger that’s hidden in everyday household appliances like gas furnaces, water heaters, and space heaters. An attached garage where cars might run is another risk factor. In fact, about 4 of 5 CO-related calls to the poison control network in Texas are connected to exposure in the victim’s own home.

In Midland, Texas, the rate of CO calls per population is 2%, but rates in surrounding Permian Basin counties (like Martin County just north of Midland) soar up to 20%. Carbon monoxide is a clear problem for West Texas renters, and any local lawyer knows it. In this area, older unrenovated structures raise risks for long-term and short-term renters alike. If you were exposed to this invisible toxin while renting a property without a working CO detector, the Midland TX injury attorneys at Carabin Shaw can help you seek damages to offset what you’ve suffered. Contact us to book your FREE CASE REVIEW as soon as possible.

Although a missing detector alone isn’t grounds for a case, it’s often tied to negligence. This article covers what’s possible in your CO case, including:

• Applicable carbon monoxide detector laws in Texas
• Holding a landlord accountable
• Establishing the role of responsible parties apart from a landlord
• Getting legal support

There are no statewide CO detection statutes in Texas law. However, Midland adheres to the 2018 International Residential Code, which provides CO safety guidelines for rental units that an attorney can reference when building your case.

Generally, CO poisoning lawsuits are based on premises liability, a branch of negligence law. In other words, someone—usually a landlord—has a duty to maintain a safe rental property. When failure to meet the standard of care causes harm, that becomes the basis of a Midland carbon monoxide lawsuit.

Maintenance records, prior complaints (by you or neighbors), and inspection reports are all evidence against a landlord who failed to address CO hazards. A lawyer can easily fit a missing detector into a case against the landlord, especially if you made requests for one.

In addition, when your landlord’s legal team presents their case, your Midland carbon monoxide poisoning attorneys should be prepared to counter common defenses like:

• No notice given about the problem
• CO leak coming from a source outside landlord control
• Your medical symptoms aren’t due to CO exposure

CO dissipates quickly, and poisoning symptoms are easy to confuse with other issues, so your attorney will act fast to gather documentation. For instance, an investigation might show that old appliances hadn’t been maintained or updated in years, even if you didn’t file a complaint. Medical records and expert opinions are also helpful.

Our law firm’s client reviews show how thoroughly we handle every case at Carabin Shaw. Uncovering all possible liable parties is one way we demonstrate our care and maximize your recovery.

Depending on your case details, a Midland carbon monoxide lawyer might suggest exploring legal action against parties other than a landlord:

• Management companies or other third parties who handle rental inspections
• HVAC contractors or repair companies who serviced appliances
• Manufacturers of defective appliances
• Property managers of short-term rentals like Airbnbs

Best of all: our in-depth investigation costs you nothing up front. Our contingency-fee model means you pay nothing unless we win your case.

Apart from the worst-case scenarios of seizures, coma, and death, CO poisoning is overwhelmingly associated with neurological effects (headaches, dizziness, etc.) that can become chronic problems related to memory, learning, motor skills, and more. By calling 1-800-862-1260, our toll-free number available 24/7, you’ll gain a team that won’t let any symptom go unaccounted for. Our staff speaks both English and Spanish—call us or contact us online for a free consultation today!

For more information:

• Texas Health and Human Services
• Texas Statutes 92
• International Code Council