Carbon Monoxide Poisoning Lawsuit

In June 2013, an 11-year-old boy and his mother stayed at the Best Western Blue Ridge Plaza in Boone, North Carolina. The mother stepped out of the room for a moment and began to feel sick and nauseous. Her last thought was to call for help so her son wouldn’t be left alone, according to court documents. Her son died later that night of carbon monoxide poisoning. His mother was seriously injured but survived.

Investigators later discovered that an improperly maintained swimming pool water heating system on the floor below allowed carbon monoxide to seep into the room. Two months earlier, another couple had died in the same room.

The family filed a wrongful death lawsuit against Best Western and the management at the Boone facility and, in 2018, signed off on a $12 million settlement.

The Centers for Disease Control and Prevention (CDC) states that each year, more than 400 Americans die from unintentional carbon monoxide poisoning not linked to fires. In addition, more than 100,000 visit the emergency room, and over 14,000 are hospitalized.

Chaffin Luhana is a plaintiffs-only law firm dedicated to representing victims of carbon monoxide poisoning. With a history of handling complex personal injury and toxic exposure cases, we work for you to hold negligent parties accountable. If you or a loved one was harmed by carbon monoxide due to someone else’s negligence, contact us immediately. We always offer a free initial consultation to help you determine your next steps.

What Is Carbon Monoxide?

Chemically speaking, carbon monoxide (CO) is made up of one carbon atom and one oxygen atom. Unlike carbon dioxide (CO2)—which contains two oxygen atoms and is relatively harmless in small amounts—CO can easily bind with hemoglobin in human blood, creating carboxyhemoglobin. Hemoglobin is a protein that carries oxygen from the lungs to the rest of the body.

When a person inhales CO, it binds to the hemoglobin more easily than oxygen does. That means less oxygen binds to hemoglobin. Soon, the body’s tissues and organs become deprived of oxygen, which can result in serious injury or death.

Carbon monoxide is a colorless, odorless, and tasteless gas that, according to the CDC, “kills without warning.” Because of its molecular structure, it can easily diffuse through the air and even penetrate walls, floors, and ceilings, creating an invisible hazard in homes, workplaces, hotels, other buildings, and vehicles.

How is Carbon Monoxide Produced?

CO is produced when carbon-containing fuels like gasoline, natural gas, oil, wood, and coal don’t burn like they should. “Incomplete combustion” occurs due to a lack of oxygen. The fuel doesn’t burn completely, producing harmful pollutants instead of fully combusting to harmless products like water vapor and carbon dioxide. Common sources of carbon monoxide include motor vehicles, gas appliances, and industrial processes.

If there is adequate ventilation, carbon monoxide will disperse harmlessly into the atmosphere. It’s only when it’s trapped that it can accumulate to dangerous levels, leading to severe health problems or death.

Certain locations—like underground parking garages, industrial workplaces, and improperly ventilated living spaces—can be prime locations for CO poisoning if improperly maintained.

What is Carbon Monoxide Poisoning?

As noted above, inhaling CO reduces the blood’s natural oxygen-carrying capacity. As CO accumulates in the bloodstream, it interferes with oxygen delivery throughout the body.

The amount of exposure it takes for CO poisoning to become fatal depends on how much there is in the air. If there is at least a little ventilation, it will take longer. In a more airtight enclosure, CO can accumulate more quickly.

The amount of CO polluting the air also matters, and that depends on how efficient the fuel combustion is in the device at issue. If the swimming pool heating system mentioned at the beginning of this article, for example, was dispersing only a little CO into the air, it might have taken longer to cause death than if it was spewing out more.

What Causes Carbon Monoxide Poisoning?

Carbon monoxide poisoning occurs when CO leaks into the air and cannot get out due to inadequate ventilation. Here are some examples of situations when this may occur:

  • Appliances and engines operate in confined spaces with inadequate ventilation.
  • Devices like gas stoves, water heaters, or furnaces malfunction because they were installed incorrectly or because they are improperly maintained.
  • Vehicles idle inside closed garages.
  • Chimneys and flues become blocked, preventing exhaust gases from escaping.
  • Energy-efficient homes that have added insulation, sealed windows, and other weatherproofing can become “airtight” and trap CO.

Common sources of CO poisoning include the following. Generally, if a fuel-burning appliance or engine is improperly installed, maintained, or ventilated, it could be a source of CO poisoning.

  • Faulty furnaces and boilers
  • Gas water heaters
  • Fireplaces and wood-burning stoves
  • Gas stoves and ovens
  • Portable generators
  • Automobiles
  • Boat engines
  • Charcoal grills
  • Space heaters
  • Blocked dryer vents

How Does Carbon Monoxide Poisoning Cause Health Problems?

In general, how much damage CO can do to a person depends on the following factors:

  • Length of exposure—how long were they exposed to CO?
  • Concentration of exposure—how much CO was in the air?
  • Age—young children, infants, older adults, and pregnant women are particularly vulnerable to CO poisoning.
  • Health status—people who have other health conditions like heart disease, lung disease, anemia, or compromised immune systems are at a higher risk for severe complications of CO poisoning.

The most common symptoms of CO poisoning include:

  • Headache
  • Dizziness
  • Weakness
  • Upset stomach
  • Vomiting
  • Chest pain
  • Confusion

To give you a better idea of how CO concentration relates to health symptoms, the CDC provides the following measurements of CO concentration, time of exposure, and the likely related health issues. As a reference, a faulty furnace, kitchen range, or water heater can produce up to 1,600 ppm (parts per million) of CO. A charcoal grill can produce 3,200 ppm, whereas a vehicle tailpipe can produce more than 70,000 ppm.

  • 200 ppm: After 3 hours of exposure, slight headache, fatigue, dizziness, and nausea.
  • 400 ppm: Within 1-2 hours, frontal headaches; after 3 hours, it’s life-threatening.
  • 800 ppm: Within 45 minutes, can cause dizziness, nausea, and convulsions; within 2 hours, unconsciousness; within 2-3 hours, death.
  • 1,600 ppm: Within 20 minutes, it causes headaches, dizziness, and nausea; within one hour, it causes death.
  • 12,800 ppm: Death within 1-3 minutes.

The faster someone is removed from the area and treated, the better. Some victims, even though they may survive, could be left with long-term neurological effects because their brains were damaged from oxygen deprivation.

When Is Someone Else Liable for Carbon Monoxide Poisoning?

You may be able to hold someone else liable for carbon monoxide poisoning if you can prove that they owed you a duty of care and were negligent.

In a personal injury lawsuit, proving liability typically requires that you show the following:

  • The other party owed a duty of care to the victim.
  • The party breached that duty because of their negligent actions or inaction.
  • That breach directly caused the CO poisoning.
  • The victim suffered damages as a result.

Examples of other parties that may be liable in a CO poisoning case may include:

  • A landlord who failed to maintain or inspect fuel-burning appliances.
  • A hotel owner who didn’t ensure proper maintenance and ventilation.
  • An employer who failed to make a workplace safe.
  • A manufacturer that produced a defective appliance or engine.
  • A contractor that improperly installed an appliance.

Types of Injuries from Carbon Monoxide Exposure

Exposure to CO can cause a wide range of health problems, including the following:

Neurological Damage

Prolonged oxygen deprivations can cause cognitive impairments, memory loss, difficulty concentrating, personality changes, and even permanent brain damage. Long-term effects may mimic other conditions like dementia or Parkinson’s disease.

Cardiac Complications

CO exposure can lead to heart problems, including arrhythmias, chest pain, heart attacks, and long-term cardiovascular disease. If someone had a heart condition before the CO exposure, they would be at a higher risk of more severe outcomes.

Respiratory Issues

Exposure to CO can cause difficulty breathing at first, and with additional exposure, more serious problems like inflammation of the lung tissues and lung failure. Those with asthma or COPD (chronic obstructive pulmonary disease) could experience more severe symptoms and long-term lung damage.

Organ Failure

CO interferes with the body’s ability to deliver oxygen to the various organs. This can damage the liver, kidneys, and gastrointestinal system. Depending on the extent of the exposure, it could cause long-term health problems or organ failure.

Vision and Hearing Loss

Oxygen deprivation may damage the optic and auditory nerves, which could result in hearing and vision loss in some people.

Fetal Development Problems

Pregnant women exposed to CO may have babies who suffer from complications like low birth weight, developmental delays, birth defects, or even stillbirth because of the reduced oxygen supply.

Psychological Effects

CO poisoning can cause trauma that leads to anxiety, depression, mood swings, and post-traumatic stress disorder (PTSD).

Chronic Fatigue and Weakness

Victims of CO poisoning may experience persistent fatigue, exhaustion, dizziness, and muscle weakness, which can negatively affect their quality of life.

What Our Clients Have to Say About Chaffin Luhana

Below is a small sampling of the testimonials we have received from our clients:

$4 Million Product Liability Recovery

“I was very pleased with the representation that I received for my case. I had a positive experience with this firm and I would recommend your firm to my family and friends.”

– Judy R., Personal Injury Client

Nearly $3 Million Recovery

“I would tell prospective client[s of your firm] to be patient – trust your lawyers, trust that they know what they are doing, even though it is hard for people not in the business to understand all the legal wording and details.”

– Duane B., Personal Injury Client

$3 Million Product Liability Recover

“[The attorneys] were very thorough as well as informative. They contacted me and explained everything as the case progressed. Roopal was always so friendly and supportive. I felt she cared more about me personally than she did about the case. Because of that, I felt she had far more desire to win the case.”

– Jodie S., Personal Injury Client

Find more testimonials here.

Dedication to Community

Law partners Eric Chaffin and Roopal Luhana and their families established The Chaffin Luhana Foundation in 2010.

A not-for-profit organization, the Foundation encourages the development of human potential and supports community empowerment through the following activities:

  • Scholarships: The Chaffin Luhana Foundation awards an annual scholarship to a student who submits an inspiring personal essay to help fight distracted driving.
  • Financial gifts: The Foundation awards periodic financial gifts to institutions of higher learning to support scientific research and funds educational scholarships to students.
  • Stephanie Victor Legacy Award: The Chaffin Luhana Foundation awards an annual financial gift to one deserving individual who overcame significant challenges and achieved great milestones in his or her life or career.
  • Christopher & Dana Reeve Foundation: Chaffin Luhana has partnered with this organization to benefit those living with spinal cord injuries and paralysis.
  • Najee Harris Partnership: We have partnered with Pittsburgh Running Back, Najee Harris, and his Da’ Bigger Picture Foundation to support those in need in the Greater Pittsburgh area.

Firm Awards

The founding partners of Chaffin Luhana have extensive experience in fighting for plaintiffs’ rights:

  • Founder Eric Chaffin: Chaffin has handled a wide array of cases against various types of manufacturers, with dozens of multimillion-dollar recoveries.
  • Founder Roopal Luhana: Luhana manages the firm’s mass torts division. Throughout her career, she has served on committees in MDLs involving over-the-counter consumer products and defective pharmaceuticals and medical devices.
  • Partner Patrick Booth: Booth enjoys using his knowledge and experience to help his clients obtain the best results possible in their personal injury cases.

Chaffin Luhana lawyers have also been named to the prestigious “Super Lawyers” list several years in a row.

What Can I Recover from a Carbon Monoxide Lawsuit?

If you or someone you loved suffered from CO poisoning, you may decide to seek compensation through a personal injury claim. Below are some key types of compensation available in a claim like this.

Medical Expenses

You could be eligible to recover money paid for hospital bills, emergency room visits, doctor’s consultations, medications, and ongoing rehabilitation and therapy.

Lost Wages

If the victim of CO poisoning misses work, they may be eligible to be reimbursed for the lost wages. A construction worker exposed to CO at an unsafe job site, for example, may be unable to return to work for months. That worker would deserve to be compensated for those lost wages.

Loss of Earning Capacity

If the victim was permanently disabled due to CO poisoning and could no longer perform their job or earn the same level of income, they could receive compensation to account for the future income they would have earned had they not been poisoned.

Rehabilitation and Long-Term Care

Some victims may require long-term medical care, such as physical therapy, occupational therapy, or specialized neurological treatment. They could claim these damages in a carbon monoxide poisoning lawsuit.

Pain and Suffering

This refers to the physical pain and emotional distress a victim of CO poisoning may have endured. If the individual recovered from the initial poisoning but then went on to suffer from chronic fatigue, headaches, or cognitive difficulties, they may be eligible for damages to compensate for their reduced quality of life.

Wrongful Death

If the victim died of CO poisoning, the family members may file a claim for wrongful death. They could then seek compensation for funeral expenses, medical expenses, loss of companionship, and loss of support.

Punitive Damages

Sometimes, the level of negligence is so extreme that punitive damages may be awarded. Maybe the landlord knew CO was leaking, for example, but didn’t do anything about it. These types of damages punish the negligent party for their actions or inaction and serve to dissuade others from making the same mistakes.

What Are Some Possible Complications of a Carbon Monoxide Lawsuit?

Though a carbon monoxide poisoning case may seem clear-cut, there can be complications along the way. Below are some of the primary difficulties that can come up.

Proving Liability

Establishing that the other party was responsible for the poisoning can be complicated. The plaintiff and their carbon monoxide poisoning lawyer must show that the at-fault party owed a duty of care, breached that duty, and that their actions directly led to the victim experiencing harm.

Denying Responsibility

Property owners, landlords, employers, and manufacturers don’t usually want to accept responsibility for carbon monoxide poisoning. They may try to blame someone else, say that the exposure was due to some unforeseeable cause, or even claim that the victim was somehow responsible.

Need for Expert Testimony

Experts who can establish the facts of the case can be beneficial in a carbon monoxide poisoning lawsuit. Medical experts may testify about the amount of carbon monoxide in the blood, or relate that to the symptoms and outcomes the victim suffered. Engineering experts can establish the source of the CO exposure. An industrial hygienist may help show how a workplace had inadequate ventilation. Experts like these can make the difference between a successful or unsuccessful case.

Lack of Physical Evidence

Carbon monoxide is deadly partly because it’s invisible. You can’t taste, see, or smell it, which makes it more dangerous than other toxic substances. Similarly, because it leaves no visible traces in the environment, it can be difficult to prove exposure levels. Victims may need to rely on CO detector readings (if there were any), maintenance records, or witness testimonies to show that the gas was present.

Doctors can detect CO poisoning through a blood test. However, it’s most effective within a few hours of exposure, as CO will gradually dissipate from the bloodstream once the victim is removed from the contaminated environment. If a victim survives the exposure and is given oxygen therapy, CO levels can decline rapidly.

Insurance Company Pushback

Often, insurance companies pay settlements for personal injury claims. They may try to minimize payouts or even deny claims altogether. This is where having a personal injury lawyer on your side negotiating with the insurance company can help.

Difficulty Proving Long-Term Effects

If a victim survives CO exposure but suffers from long-term effects like cognitive difficulties, chronic fatigue, or other neurological issues, proving that these are directly related to the exposure can be difficult. The at-fault party may argue that these symptoms were there before or that they are related to other health problems.

Chaffin Luhana Investigating Carbon Monoxide Poisoning Lawsuits

The legal team at Chaffin Luhana is investigating potential carbon monoxide poisoning lawsuits. If you or a loved one was exposed to CO and suffered from serious health issues or died, you may be eligible for compensation.

We can help improve your odds of receiving the compensation you deserve by conducting a thorough investigation, gathering all the evidence needed to support your position, negotiating with the other party and the insurance company, and, if necessary, representing you in court.

Our carbon monoxide poisoning lawyers offer free personalized consultations to help you determine if you may qualify for compensation. We have decades of combined experience holding negligent parties accountable for the health harms they cause.

Call us today at 888-480-1123.

Frequently Asked Questions

How do I know if I have a carbon monoxide poisoning case?

If you or someone you loved suffered from carbon monoxide poisoning because of someone else’s negligence, you may be eligible to file a legal claim. Maybe your landlord failed to maintain the appliances in your building, or the hotel failed to install CO detectors. At Chaffin Luhana, we will be happy to provide a free consultation to examine the facts of your case and help you determine your next steps.

What should I do if I suspect carbon monoxide poisoning?

If you experience symptoms related to carbon dioxide poisoning, leave the area immediately and seek medical attention. If you’re able, call 911 to report the incident, particularly if others may still be exposed. Notify law enforcement or local fire departments so they can investigate.

How long do I have to file a carbon monoxide lawsuit?

The statute of limitations on a case like this may vary from state to state, but in most cases, you have 2-3 years from the date of the incident to file a claim. In Pennsylvania and Ohio, you have two years. In New York, you have three. In a wrongful death case, the timeframe may differ, so consult your lawyer. It’s essential to act quickly before the evidence disappears or witnesses forget what happened.

Who can be held responsible for carbon monoxide poisoning?

Possible liable parties may include landlords, hotel owners, employers, appliance manufacturers, and maintenance contractors. It depends on whether the equipment was defective or if a person or entity failed to maintain it correctly.

What damages can I recover from a carbon monoxide poisoning lawsuit?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, long-term care costs, and, in extreme cases, punitive damages. Families in wrongful death cases may seek to be reimbursed for funeral expenses and loss of companionship.

How do doctors determine carbon monoxide poisoning?

Medical professionals use blood tests to measure carboxyhemoglobin levels in the blood, which show the extent of CO exposure. The test is most effective within hours of exposure, as the CO will dissipate quickly.

What if the responsible party denies liability?

A good carbon monoxide poisoning lawsuit attorney can help by gathering the evidence you need to prove that the at-fault party was, indeed, responsible for the injury or death.

Can I file a lawsuit if I experienced long-term effects from CO poisoning?

Yes. Many victims suffer from long-term health problems like cognitive impairments, chronic fatigue, or heart problems. Your personal injury lawyer can help you put together the medical evidence you need to show how the poisoning has diminished your quality of life.

How long does a carbon monoxide poisoning lawsuit take?

It all depends on the facts of the case. If the evidence is very clear, the parties may be more likely to agree on a settlement than if there is room for doubt. Cases can take months to years, depending on how complex they are and how much the other side fights to avoid paying compensation.

How much does it cost to hire a carbon monoxide poisoning lawyer for my case?

Chaffin Luhana works on a contingency fee basis, which means we get paid only if we help you win your case. You owe nothing up-front.