Property Negligence in San Antonio, Texas: Suing for Water Heater Ventilation Failure

People with gas-powered water heaters risk carbon monoxide (CO) poisoning if another person installed their appliance incorrectly or if something obstructs the ventilation system. This can cause multiple health problems and death depending on the exposure. Because of the danger, most people in San Antonio rely on plumbers, roofers, or other professional tradesmen to properly vent natural gas appliances. If your water heater’s poor ventilation has poisoned you or a loved one, these professionals may be liable for your injuries.

Suing for water heater ventilation failure requires an experienced lawyer to investigate the circumstances of your CO poisoning accident. The San Antonio carbon monoxide attorneys at Carabin Shaw have decades of experience holding negligent parties accountable for accidents such as these. If you’ve experienced a CO injury or loss, please read our law firm’s client reviews to find out more about our compassionate legal services, and contact us ASAP to book your free consultation.

When a fuel-burning appliance such as a water heater operates in San Antonio, Texas, it produces CO as a byproduct. This colorless, odorless gas is a silent killer that must travel from the water heater through a draft hood and vent pipe to be exhausted outside the home. If a plumber or licensed professional installed your water heater, you should be able to trust that they did it correctly, or else you may have to call a CO leak attorney in San Antonio TX.

An improper installation is not the only requirement for a lawsuit. For a landlord or installer to be liable for the condition of your water heater, they must be negligent. There are four components of negligence, and each must exist for your Texas lawyer to have a cause of action for a lawsuit. The four components of negligence are:

• Duty of care
• Breach of duty
• Harm
• Causation

What this means is that you cannot file a lawsuit if there are no injuries. You must also prove that it was the other party’s breach of duty that caused the harm. Sitting down with a water heater CO poisoning lawyer in San Antonio will confirm whether you have a viable case and how much it is worth.

Once you establish that another party is liable for your CO poisoning injuries, you must evaluate your compensable damages to establish a personal injury claim. In a Texas CO poisoning lawsuit, compensable damages include:

• Medical bills
• Lost income
• Property damage
• Pain and suffering
• Mental anguish
• Wrongful death

You can include monetary and non-monetary losses to ensure that your claim covers comprehensive damages that represent your actual losses. Your lawyer will help you compute non-monetary losses, such as pain and suffering, which are more subjective and difficult to quantify.

According to the U.S. Centers for Disease Control and Prevention (CDC), over 400 Americans die from CO poisoning each year. Hiring an attorney following the death of a loved one does not take away the pain of the loss, but it does help victims maintain their livelihoods while they grieve.

In the State of Texas, only family members (spouse, children, parents) can recover damages from a wrongful death lawsuit. In some cases, your attorney may file a lawsuit with a survival cause of action, in which case the judgment benefits heirs and the deceased person’s estate.

If you suffered a loss because of water heater CO poisoning, speaking with a legal professional can help you understand your rights and how to seek compensation. At Carabin Shaw, you get a free case review, and we offer our services on a contingency-fee basis. This means you don’t have to stress legal fees because we don’t charge you unless we win your case.

Contact our team today by calling toll-free 1-800-862-1260 and speaking to someone from our English- and Spanish-speaking staff. We are available 24 hours a day, seven days a week, to help you get back on your feet after a life-altering CO accident.

For more information:

• Legal Information Institute
• CDC
• Texas Statutes 71