Can I Sue My Landlord for Carbon Monoxide Poisoning?

What is Carbon Monoxide?

Carbon monoxide is a toxic gas created by the incomplete combustion of fuel. Odorless, colorless, and tasteless, it is often referred to as the silent killer, as it is impossible to detect without special equipment and can be life-threatening when inhaled.

When fuel like gas, coal, wood, or propane burns, it needs enough oxygen to burn completely and leave behind only carbon dioxide. If there is insufficient oxygen, carbon monoxide remains and can be deadly when ingested. Symptoms of carbon monoxide poisoning include:

• Heache
• Nausea
• Shortness of breath
• Dizziness and weakness
• Loss of consciousness
• Confusion
• Vomiting

Carbon monoxide poisoning can occur from a variety of sources. In an apartment, for example, it can happen due to faulty or poorly maintained appliances like gas stoves, ovens, furnaces, and fireplaces, as well as poor ventilation, blocked vents and chimneys, or idling vehicles in enclosed spaces.

Can I Sue My Landlord for Carbon Monoxide Poisoning?

If your landlord caused you to be exposed to carbon monoxide, yes, you may be able to sue for compensation and damages. Landlords have a legal obligation to maintain their rental properties and ensure they are safe and habitable for tenants. Under premises liability law, landlords must take reasonable steps to prevent injuries and ailments on the property. This includes maintaining the property, performing regular inspections, ensuring compliance with local and state safety codes, etc.

New Jersey state law also now requires landlords to install carbon monoxide detectors and alarms in properties that have fuel-burning appliances and/or attached garages.

If your landlord failed to comply with these safety standards and you sustained carbon monoxide poisoning as a result, you may have grounds to sue for compensation.

How Can I Win My Case?

If you are pursuing legal action against your landlord, it is imperative that you consult a skilled legal professional. Work with an experienced attorney who can accurately assess your situation and determine the strengths and weaknesses of your case.

You need evidence to support the fact that your landlord violated the law or was negligent in some way. Use pictures and videos from your home to prove that carbon monoxide detectors were never installed. Records of maintenance and inspections can be helpful in establishing that the landlord was negligent in the upkeep of your appliances and apartment. You can prove negligence by demonstrating the following four elements.

1. The landlord owed you a duty of care to keep your apartment safe from carbon monoxide
2. The landlord breached the duty of care through their actions and inaction
3. The breach of duty caused you to sustain carbon monoxide poisoning
4. The carbon monoxide poisoning caused real losses, including economic and non-economic damages

For more information and help during your case, reach out to an experienced attorney today.