What is Carbon Monoxide?
Carbon monoxide (CO) is a colorless, odorless gas that is flammable and poisonous. It is produced during the combustion of carbon-containing fuels. It is dangerous because it replaces oxygen in the bloodstream, sometimes slowly over time, leading to hypoxia and even death.
Each year, 100,000 emergency room visits and more than 14,000 people are hospitalized due to carbon monoxide poisoning. More than 400 people die in the United States annually from CO poisoning.
What are Common Symptoms of Carbon Monoxide Poisoning
Carbon monoxide poisoning can cause a number of symptoms, including:
- Nausea and vomiting
- Headaches
- Chest Pain
- Weakness
- Confusion
- Shortness of breath
More severe symptoms can include:
- Seizures
- Loss of consciousness
- Cardiac arrest
- Brain damage
What Are Common Sources of Carbon Monoxide?
Common sources of carbon monoxide include furnaces, boilers, water heaters, clothes dryers, fireplaces and wood-burning stoves, power generators, and power tools like landscaping and lawn equipment.
To prevent carbon monoxide poisoning, gas appliances must be vented properly. Horizontal vent pipes for appliances, such as water heaters, must go up slightly as they go outdoors. This prevents CO from leaking if the joints or pipes aren’t fitted tightly. If you smell an odor from your gas refrigerator, have an expert service it. An odor from your gas refrigerator can mean it could be leaking carbon monoxide.
Another source of CO is power generators. The landlord should never set a generator inside the home or garage, even if doors and windows are open. Generators must be outside, typically more than 20 feet away from any windows, vents, and doors.
Carbon Monoxide in Apartment Buildings
Landlords have a duty to make sure their apartment units are free and clear of carbon monoxide. The best way to ensure this is to install a carbon monoxide detector inside each unit and in the basement. Carbon monoxide detectors in common areas such as the laundry room and hallways are also essential. The detector must be fully operational and have proper batteries.
Gas appliances, particularly furnaces, must have proper ventilation. Furnaces can be a major leak of carbon monoxide. Because it is lighter than air, the carbon monoxide will travel up to bedrooms and living spaces. Landlords and property management companies must regularly inspect furnaces, appliances, and other potential sources of carbon monoxide to check for leaks.
Michigan law has specific statutes meant to protect tenants from unreasonable dangerous conditions. For example, the Michigan Housing Law allows an occupant to obtain compensation for unsafe, unsanitary or unhealthful conditions allowed to exist unabated in any portion of the dwelling. In addition, there is a landlord-tenant statute that permits a renter to recover money for injuries sustained in the rental or outside on a common area.
If a landlord or rental company fails to inspect, and a tenant or guest suffers carbon monoxide, the landlord may be liable for the injuries that occur. If this happens, contact a Michigan carbon monoxide lawyer to find out more information.
Does Michigan Law Require Carbon Monoxide Detectors?
Michigan law requires carbon monoxide detectors in most residential buildings, including single-family homes, apartments, and condominiums. MCL 125.1504d. They are required in all newly constructed buildings and inside all units that have fuel-fired/burning appliances or an attached garage. The Michigan Residential Code (MRC) details the specific requirements for CO detector installation.
Filing a Carbon Monoxide Lawsuit
If you believe a landlord, maintenance company, contractors, or a third-party company was responsible for causing carbon monoxide poisoning, a lawsuit can be filed in court for the recovery of medical bills, future medical care, lost wages, pain and suffering, trauma, and other harms and losses.
However, to file a carbon monoxide lawsuit, the plaintiff must prove negligence on the part of the defendant. The plaintiff must also prove CO poisoning was the cause of the injuries. To win these cases, the injured person must prove:
- They were exposed to dangerous levels of carbon monoxide. The best way to do this is to contact the gas company, fire department, and furnace repairman to perform carbon monoxide testing inside the building.
- Measure the amount of carbon monoxide in the blood. The plaintiff should get a carboxyhemoglobin test. This blood test will measure the amount of carbon monoxide attached to hemoglobin inside the blood vessels. Other tests include measuring blood gases and blood components, such as sodium, potassium, and bicarbonate; an electrocardiogram (ECG), and a chest x-ray.
- Medical treatment for physical injuries due to carbon monoxide poisoning. Evidence of injury is found in medical records and testing.
- Retain an expert. A Michigan carbon monoxide poisoning lawyer will retain an expert as quickly as possible to measure the carbon monoxide at the location site. The expert can read the medical records and deposition testimony, conduct a site visit, and analyze other evidence to conclude that carbon monoxide exposure caused the injuries.
How Much Time To File a Lawsuit for Carbon Monoxide Poisoning?
Under Michigan law, a person usually has three (3) years to file a lawsuit against the appropriate defendants. This is called the statute of limitations. The rules are different for minors. They typically have more time. If you have had severe carbon monoxide exposure, It is important to contact Michigan carbon monoxide lawyer to protect your rights.
Carbon Monoxide and Wrongful Death
Carbon monoxide is often called the silent killer because it is a colorless and odorless gas that can quickly lead to death. If this happens, the case falls under the Michigan Wrongful Death Act (WDA).
The Michigan Wrongful Death Act allows the personal representative of the estate of a deceased person to bring a lawsuit in court if the death of the person was caused by someone else’s negligence. The personal representative is often a family member of the deceased person.
Our team of Michigan wrongful death lawyers have represented family members killed by the negligence of another person or company for over 50 years. We have the compassion and tenacity to fight for the justice your loved one deserves.
Michigan Carbon Monoxide Lawyers Fighting For You
Please call Lee Free and the Michigan carbon monoxide attorneys at 1-800-LEE-FREE (1-866-503-3043) or contact us online to schedule a free consultation.
We can answer any questions you have about carbon monoxide injuries and your legal rights. We want to hear about your situation and provide information and guidance.