Published by If you or a loved one experienced headaches, dizziness, confusion, nausea, or other symptoms following carbon monoxide exposure at home, in the workplace, or from a defective product, you may be entitled to pursue compensation.
At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to carbon monoxide poisoning. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.
Contact Schmidt & Clark today for a free, no-obligation consultation.
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Carbon Monoxide Poisoning Lawsuit Overview
Carbon monoxide (CO) is a colorless and odorless gas produced by burning gasoline, wood, propane, charcoal, or other fuel.
Exposure to high levels of carbon monoxide can cause serious injury or death. Recent estimates indicate that each year this gas kills over 500 people in the United States alone, with many more suffering non-fatal injuries.
Primary allegations in carbon monoxide lawsuits focus on negligence, product liability, and failure to warn about potential dangers associated with CO exposure.
Latest Carbon Monoxide Lawsuit Updates
- May 15, 2024 – A major settlement of $3.2 million was awarded to the family of a tenant who died from carbon monoxide poisoning due to a faulty heating system in their apartment building in Chicago, Illinois.
- March 3, 2024 – The Consumer Product Safety Commission (CPSC) announced new mandatory safety standards for carbon monoxide detectors following multiple lawsuits against manufacturers of defective units.
- January 12, 2024 – A class action lawsuit was filed against a major hotel chain after 23 guests suffered carbon monoxide poisoning from an improperly maintained heating system at a location in Denver, Colorado.
- November 8, 2023 – The National Fire Protection Association updated its guidelines for carbon monoxide detector placement in homes and businesses, citing recent litigation as a contributing factor.
Carbon Monoxide Poisoning Statistics
According to the Centers for Disease Control and Prevention (CDC), carbon monoxide poisoning accounts for approximately 50,000 emergency department visits and over 4,000 hospitalizations annually in the United States. The economic impact of these incidents exceeds $1.3 billion yearly in medical costs, lost productivity, and legal settlements.
Research published in the Journal of Emergency Medicine indicates that workplace carbon monoxide exposure incidents have increased by 12% over the past five years, with the construction and hospitality industries reporting the highest number of cases.
A 2023 report from the Consumer Product Safety Commission found that 71% of homes in the United States have at least one carbon monoxide detector, but only 42% have them properly installed in all recommended locations.
FDA Reports and Statistics
The FDA's Manufacturer and User Facility Device Experience (MAUDE) database has recorded over 1,200 adverse events related to carbon monoxide detectors since 2020. These reports include:
- 874 incidents of detector malfunction
- 326 cases where detectors failed to alert despite dangerous CO levels
- 157 reports of false alarms causing unnecessary evacuations
- 43 incidents resulting in hospitalization due to detector failure
The FDA has issued 5 safety communications regarding carbon monoxide detection devices since 2021, urging manufacturers to improve quality control and testing procedures.
Carbon Monoxide Poisoning Injuries & Side Effects
Carbon monoxide poisoning can cause both immediate and long-term health effects, ranging from mild symptoms to permanent disability or death.
- Neurological Damage: Brain injury, memory problems, cognitive impairment, and personality changes
- Cardiovascular Effects: Heart damage, chest pain, irregular heartbeat, and increased risk of heart attack
- Respiratory Issues: Breathing difficulties, lung damage, and respiratory failure
- Reproductive Harm: Fetal death, miscarriage, and developmental issues in babies exposed in utero
- Psychological Effects: Depression, anxiety, PTSD, and other mental health conditions
Do You Qualify for a Carbon Monoxide Poisoning Lawsuit?
You may qualify for a carbon monoxide poisoning lawsuit if:
- You were exposed to carbon monoxide between 2020-2025
- You experienced serious symptoms including headache, dizziness, nausea, confusion, loss of consciousness, or more severe effects
- The exposure resulted in medical treatment or hospitalization
- You can provide documentation linking your injuries to carbon monoxide exposure
- The exposure occurred due to someone else's negligence or a defective product
Evidence Required for a Carbon Monoxide Lawsuit
Building a strong carbon monoxide poisoning case requires substantial evidence, including:
- Medical records documenting your carbon monoxide poisoning diagnosis and treatment
- Environmental testing results showing unsafe carbon monoxide levels
- Maintenance records for appliances, heating systems, or detectors involved
- Photographs of the location where exposure occurred
- Witness statements regarding the incident
- Expert testimony establishing liability and causation
Damages You Can Recover
Victims of carbon monoxide poisoning may be eligible to recover various damages, including:
- Past and future medical expenses related to your injuries
- Lost wages and diminished earning capacity
- Pain and suffering, both physical and emotional
- Cost of necessary home modifications or long-term care
- Punitive damages in cases of gross negligence
- Wrongful death damages for families who lost loved ones
Carbon Monoxide Detector Recall Information
Several carbon monoxide detectors have been recalled in recent years due to safety concerns:
- March 2024: Kidde recalled 226,000 carbon monoxide detectors (models KN-COB-LP2 and KN-COP-DP-LS) due to failure to alarm at standard carbon monoxide levels.
- November 2023: Universal Security Instruments recalled 8,000 2-in-1 Photoelectric Smoke & Carbon Monoxide Alarms (model MPC322S) due to risk of failure to alert consumers to dangerous carbon monoxide levels.
- August 2023: BRK Brands recalled approximately 35,000 First Alert carbon monoxide detectors (models CO511B and CO511CN) after discovering they could fail after their end-of-life chirp.
- May 2023: Nest Labs recalled 440,000 Nest Protect Smoke + Carbon Monoxide Alarms (model number O5A-US) due to potential failure to sound when carbon monoxide is present.
The CPSC maintains an updated database of all carbon monoxide detector recalls at their website.
Statute of Limitations for Carbon Monoxide Poisoning Lawsuits
The time you have to file a carbon monoxide poisoning lawsuit varies by state:
- 1-2 years: Arizona, California, Kentucky, Louisiana, Tennessee
- 2 years: Alabama, Alaska, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Minnesota, Nevada, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, West Virginia
- 3 years: Arkansas, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, Wisconsin
- 4 years: Florida, Nebraska, Utah, Wyoming
- 5 years: Missouri
These timeframes typically begin from either the date of injury or the date you discovered (or reasonably should have discovered) that carbon monoxide exposure caused your injuries.
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FAQs
1. What Are the Common Sources of Carbon Monoxide in Homes?
Common sources include gas furnaces, fireplaces, portable generators, water heaters, and vehicles running in attached garages. Under product liability laws, manufacturers, distributors, and retailers can be held liable for defective products that allow carbon monoxide to leak. Regular maintenance of fuel-burning appliances is essential for prevention.
2. How Long Does It Take to Settle a Carbon Monoxide Poisoning Lawsuit?
Most carbon monoxide poisoning cases settle within 8-24 months, depending on case complexity, severity of injuries, and cooperation of defendants. More complex cases involving multiple victims or substantial damages may take longer to resolve, potentially requiring litigation that extends the timeline to 2-3 years.
3. What Are the Symptoms of Carbon Monoxide Poisoning?
Symptoms include headache, dizziness, weakness, nausea, vomiting, chest pain, and confusion. Severe poisoning can cause loss of consciousness, seizures, cardiac arrest, and death. Many victims describe symptoms as "flu-like," which often leads to delayed diagnosis and treatment.
4. How Can I Prevent Carbon Monoxide Poisoning in My Home?
Install CO detectors near sleeping areas and have them properly inspected and maintained. Ensure proper ventilation, regularly service fuel-burning appliances, and never use portable generators indoors. Having annual professional inspections of heating systems and appliances is also critical for prevention.
5. Can Carbon Monoxide Poisoning Cause Long-Term Effects?
Yes, long-term effects can include neurological damage, cognitive impairments, and heart problems. Early, effective treatment can reduce the risk of permanent damage, but some victims experience symptoms for months or years after exposure, requiring ongoing medical care and rehabilitation.
6. Who Is Liable in Carbon Monoxide Poisoning Cases?
Potential liable parties include landlords, property managers, product manufacturers, contractors, and businesses. Liability is typically established by proving negligence, such as failure to install detectors, improper maintenance of equipment, or defective design of products that emit carbon monoxide.
7. What Types of Experts Are Needed for Carbon Monoxide Poisoning Lawsuits?
Carbon monoxide cases typically require medical experts to establish injury causation, engineers to identify the source of the leak, toxicologists to explain exposure levels, and economic experts to calculate damages. These expert witnesses help build the foundation for establishing liability and documenting the full extent of damages.
8. How Much Compensation Can I Receive for Carbon Monoxide Poisoning?
Compensation varies widely based on injury severity, long-term effects, medical expenses, and lost income. Recent settlements have ranged from $50,000 for minor injuries to multi-million dollar awards for cases involving permanent disability or death. Each case is evaluated individually based on specific circumstances and damages.
See all the toxic torts from Schmidt and Clark, LLP.
Get A Free Carbon Monoxide Poisoning Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action for carbon monoxide poisoning. Most states only allow 1-3 years from the date of injury to file a claim, and failing to act within this timeframe could permanently forfeit your right to compensation.
Our experienced carbon monoxide lawsuit attorneys offer:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees for our services
- Payment only if we win your case or secure a settlement
- Decades of experience handling complex injury and wrongful death claims
Don't let the statute of limitations expire on your carbon monoxide poisoning case. Contact our team today to protect your legal rights and pursue the compensation you deserve.