What is carbon monoxide?
Carbon monoxide is an odorless, colorless gas. it is a potentially “silent killer”. Carbon monoxide exposure displaces oxygen in the bodies of humans, and can lead to poisoning. Side effects include: headaches, dizziness, weakness, upset stomach, vomiting, confusion, and chest pain. Carbon monoxide poisoning can lead to passing out, brain damage, or even death. If you think that you have been exposed to carbon monoxide, you should immediately call 911. You should be evaluated by medical personnel. The fire department will be able to test the carbon monoxide levels in your home to ensure that your carbon monoxide detector’s reading is accurate.
Common sources of carbon monoxide
If you look around your home you will quickly realize that there are sources of carbon monoxide everywhere. Here are some examples:
2. wood stoves
4. power tools
There should be carbon monoxide detectors in all rooms, and garages where sources of carbon monoxide is present. This is the only way to detect if the exposure levels are too high.
Nicole’s Law-Landlord liability for carbon monoxide poisoning
In 2005 Massachusetts passed “Nicole’s Law,” which required carbon monoxide detectors in all residences that have any source of fossil fuel burning equipment. Given that carbon monoxide is odorless, detectors are that only way to safeguard people from its harmful effects. In cases where landlords violate the state law and fail to provide tenants with carbon monoxide detectors, liability is reasonably clear. Violation of a state statute is considered negligence per se, and there is a rebuttable presumption of negligence on the part of the Defendant. The landlord’s homeowner’s insurance policy will cover tenant claims for injuries caused by a lack of carbon monoxide detectors. Landlords have a legal duty to keep their tenants premises reasonably safe from all foreseeable harms. This includes a duty to clear any vents of snow and ice, so that carbon monoxide will not back up into a house. It also includes a duty to maintain all furnaces.
What types of compensation can you recover from a carbon monoxide poisoning case?
- Pain and Suffering: Pain and suffering is a gray area, and is determined by how long you treated for, will future treatments be needed?, what was the diagnosis, will you have any permanency to your injury?
- Lost Wages: Did you lose time from work due to the fall? Will you lose more time from work in the future? if you are unable to work after your fall, you should get a work release note from a physician authorizing your absence. Without such work release note, the insurance company may deny your claim for lost wages.
- Medical Bills: Your present and future medical bills are one of the criteria that is used in evaluating your case.
- Emotional Distress: This can be a big value an assault case. Notes from therapists are vitally important in these types of cases.
- Wrongful death: Unfortunately, many carbon monoxide cases are fatal. Massachusetts wrong death statute is: Massachusetts General Laws Chapter 229 Section 2. Under the wrongful death statute, only an executor or administrator of an estate can bring a wrongful death claim.
How long is the statute of limitations for carbon monoxide poisoning case?
In Massachusetts, the statute of limitations for bringing a carbon monoxide poisoning case is typically three years from the date of injury. If a child is injured, then the statute of limitations can be extended to three years from when the child turns eighteen years old. This means that the child can bring a claim until he or she turns twenty one.
Will my carbon monoxide poisoning case go to court?
In general less than 5 percent of all personal injury cases make it to trial. While the odds of a trial for civil damages is low, you are probably less likely to go to trial for carbon monoxide cases than other case types.
Whenever possible, I try to carbon monoxide poisoning cases pre-suit. When this is not possible I will file a lawsuit on your behalf. Filing a lawsuit does NOT mean that a trial is guaranteed. Filing suit often leads to settlement prior to trial, especially if you present as a good witness during pre-trial discovery.
injured on the job by carbon monoxide poisoning
Most people understand that work related injuries are compensable under the worker’s compensation statute. Basically, you can collect lost wages, medical bills, and other compensation from your employer’s worker’s compensation insurance company. However, if you are injured as a result of carbon monoxide poisoning while working, you may also be entitled to compensation from any third parties that caused your injuries. When your case against the property owner settles, you will have to reimburse the worker’s compensation insurance company for benefits that it paid to you.
Why should I hire Attorney Jason S. Kane for my carbon monoxide poisoning case?
- Over 22 years experience in handling carbon monoxide poisoning cases in Massachusetts
- You can call, text, or email, 24/7.
- I offer you a free (no obligation) consultation.
- You can easily complete all paperwork electronically.
- I do not charge any legal fees unless you receive a settlement or award.
- I return all phone calls, emails, and texts as soon as possible.
- I know all the different tricks the dog owner and his insurance company adjustors will try to use to offer you less money than you deserve.
I graduated Providence College in 1997, have an MBA from Suffolk University, and a law degree from Hofstra University School of Law. I am licensed to practice law in Connecticut, Massachusetts, Michigan, New Hampshire, New York, and Pennsylvania. I have been practicing law since 2002 and work tirelessly representing victims of carbon monoxide poisoning. I have recovered millions of dollars for victims of carbon monoxide poisoning. I look forward to representing you and your family!
Attorney Jason S. Kane
Call or text 24/7 (1-866-764-6060)