South Padre Island Boat Carbon Monoxide Poisoning Claims: Legal Options for Injured Victims

Whether you are enjoying a day on the open water off of South Padre Island or renting a houseboat along the coastline, carbon monoxide exposure is probably the last thing on your mind. However, carbon monoxide (CO) is the fifth-leading cause of fatalities on boats every year. Whether your boat is moored or underway, you could be breathing the deadly gas without realizing it until it’s too late.

Tragically, carbon monoxide poisonings are preventable. When boaters fail to take steps to reduce CO exposure risk, they put their passengers and renters of their vessels in danger. The South Padre Island personal injury attorneys at Carabin Shaw help victims pursue justice and compensation for the harm they suffer from CO poisoning.

If you are injured by carbon monoxide poisoning, call Carabin Shaw today. We offer our services on a contingency-fee basis, so you pay nothing unless we win your case. We are available 24/7 and provide free consultations in English or Spanish at 1-800-862-1260. You can also contact us online.

The primary source of CO poisoning on boats is the exhaust from gas-powered engines and generators. The gas can build to dangerous levels on swim platforms at the back of the boat, or in closed areas like cabins and cockpits when ventilation is poor. Other causes might include:

• Backdrafting when traveling at low speeds or idling
• Docking close to another boat emitting exhaust
• Using onboard generators, heaters, or cooking ranges

Because carbon monoxide has no taste, odor, or color, you may not know you're exposed until you experience symptoms. Unfortunately, the symptoms of CO exposure, including headaches, dizziness, and vomiting, often mimic those of seasickness or other illnesses, complicating the challenge of identifying CO poisoning until it’s too late.

To prevent dangerous exposure, passengers should avoid the swim deck when the engine is running. Operators should also keep hatches and canvas openings clear to provide sufficient cross-ventilation. Finally, install carbon monoxide detectors in sleeping and living areas, and test them regularly.

If you suffer carbon monoxide exposure on a boat owned by another party, you may be able to hold them liable for your injuries. A South Padre Island boat accident attorney will investigate to identify possible negligence that contributed to the exposure. If negligence played a role, your attorney can file a personal injury claim against the negligent parties.

Your lawyer may identify various parties responsible for your injuries, such as:

• Boat owners or operators
• Engine manufacturers
• Boat rental companies
• Marine repair shops

Multiple parties may contribute to the accident. For example, a defective appliance, such as a stove, may be overlooked by the boat owner or maintenance contractor.

In this case, you may be able to hold the manufacturer and the owner liable for your CO exposure. Texas’s proportionate responsibility rule allows victims and their attorneys to hold all responsible parties liable based on their portion of fault for your injuries.

Your lawyer will calculate your damages based on your current and expected future losses directly related to your carbon monoxide poisoning. Compensation might include:

• Medical expenses
• Lost wages and future earnings
• Emotional distress
• Pain and suffering
• Loss of enjoyment of life

If the unthinkable occurs and you lose a loved one to carbon monoxide on a boat, your lawyer may also file a wrongful death claim. Like a personal injury claim, these claims allow you to seek justice for your loved one and pursue damages for funeral and burial expenses as well as the losses listed above.

Carbon monoxide is known as the silent killer because it can cause severe damage before you realize you are exposed to it. If you have been injured by carbon monoxide during a day of boating, Carabin Shaw can help. Check out our law firm’s client reviews to see how we’ve helped other accident victims like you. Then call our expert attorneys toll-free at 1-800-862-1260 or contact us online.

For more information:

• U.S. Coast Guard Office of Auxiliary and Boating Safety
• Texas Statutes 33
• Texas Statutes 41