The 5 Most Frequently Asked Questions About CO Liability in Texas | Austin Attorneys

Like other big cities in Texas, Austin has seen an alarming uptick in carbon monoxide (CO) poisoning in recent years. Austin residents may be unknowingly exposed to the colorless, odorless gas, which can be deadly at higher amounts. Tragically, these accidents could be easily prevented by installing CO detectors in all Austin residences.

The attorneys at Carabin Shaw have experience with personal injury claims involving CO poisoning. We have compiled a list of the most common questions we get from clients to help you understand your legal options. We also offer free case reviews in English or Spanish at 1-800-862-1260.

Carbon monoxide is a poisonous gas that may be released by fuel-burning appliances, such as fireplaces, stoves, and water heaters. When someone inhales carbon monoxide, it replaces the oxygen in the body, leading to heart damage, respiratory arrest, brain damage, and death. Since the gas has no color, odor, or taste, victims may unknowingly be exposed to significant levels of carbon monoxide before seeking treatment. Carbon monoxide detectors are the only way to alert someone to the presence of carbon monoxide in a home.

It can be challenging to identify CO poisoning because its symptoms mimic those of many other illnesses, including the flu. Symptoms might include:

• Headache and dizziness
• Weakness and fatigue
• Nausea and vomiting
• Confusion and memory loss
• Blurred vision
• Shortness of breath

If someone is exposed to carbon monoxide, prompt medical attention is critical to avoiding permanent injuries or death. Victims should also contact a lawyer to determine whether to file an Austin carbon monoxide lawsuit.

The best way to prevent carbon monoxide poisoning is to install CO detectors throughout your home. Austin regulations require any structure used for residential purposes in the city to install and maintain carbon monoxide alarms outside every sleeping area, or inside rooms containing fuel-burning appliances. Property owners and landlords who do not comply with these codes may face carbon monoxide liability in Texas.

Any homeowner, property owner, or landlord can be held responsible under CO liability Texas law if they fail to provide the required CO detectors in their residences. If a faulty appliance was the source of the CO exposure, your attorney may also hold the appliance manufacturer liable under Texas’s proportionate responsibility rule. Proportionate responsibility allows an accident victim to hold all at-fault parties liable based on their portion of the fault for the victim’s accident.

Under Texas law, victims of CO poisoning and their lawyers can seek economic and non-economic damages. Economic damages are those that are easily calculated through receipts, bills, or other documentation, such as:

• Medical bills
• Lost wages
• Property damage

Non-economic damages aim to cover the impact of the accident on the victim’s life. These damages might include:

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

In situations where the at-fault party acted with malice or reckless negligence, the court may also assign punitive damages. The purpose of punitive damages is to punish the party for their behavior and deter similar actions in the future.

If you or a family member is injured by CO poisoning, you may be able to hold the responsible parties liable for your injuries and related losses. The Austin carbon monoxide lawyers at Carabin Shaw help victims of CO poisoning pursue damages from landlords, property owners, and other responsible parties, as our client reviews attest.

We offer our services on a contingency-fee basis, so you don’t pay us anything until we win your case. Don’t wait to get the legal help you need. Call us toll-free now at 1-800-862-1260.

For more information:

• https://www.austintexas.gov/department/code-compliance-resources#Locationofalarms
• https://statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.33&artSec=
• https://statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.41&artSec=