DEFECTIVE CARBON MONOXIDE DETECTORS
Carbon monoxide detectors allow for detection of an otherwise odorless gas. Such detectors are essential in helping to provide adequate notice that a leak exists. In the event that such devices fail to render or provide sufficient notice, the manufacturer of the device can be held liable.
Landlord Tenant and Homeowner Liability: California Premises Liability Laws
Effective January 1st
, 2011 it is required that a person who owns a dwelling or rental property install a carbon monoxide detector. Property owners are required to install the devices and to inspect and upkeep them.
Landlords or occupiers of property can be liable for damages that occur as a result of exposure to carbon monoxide. In California liability can exist even if no act of negligence exists or when the release was unintentional.
In order for there to be liability, it must be shown that the actions of the property owner or occupier were the proximate cause of the injuries. Instances of proximate cause include improper repair or service of gas line causing the release of the gas. Other types of causation can include defective products. Products including detectors or other devices, which fail to perform their intended duty, can bring way for a defective product cause of action.
If your injuries were sustained as a result of an overnight stay at a hotel or as a guest at a personal residence you may be entitled to compensation. Injuries sustained as a result of boat rental, vacation rental, car rental or as a hotel guest can allow you to recover from injuries. Homeowners can be liable for overnight guests, baby sitters, and others who suffer injuries from exposure to carbon monoxide.
Maintenance of Carbon Monoxide Devices
California requires that carbon monoxide devices be properly maintained so as to avoid malfunction. Agents or property management companies are permitted to enter the property for the purpose of correcting such devices.
Tenants however are required to notify the owner or his agent in the event that the device becomes inoperable. Upon receiving notice the property owner or his agent must make steps to correct or replace the defective or inoperable device.
If you were injured because of a carbon monoxide exposure you can recover for your injuries.
Brain Injury From Carbon Monoxide
Carbon monoxide is known to cause brain injury. If long-term exposure to the gas occurs, then serious damage can exist. Often time’s treatment for those effected is in effective. Once brain damage occurs, it is difficult for the effects to be reversed. Victims often suffer serious headaches, loss of memory, diminished cognitive functions and loss of motor skills.
Such injuries can be life-long and cause serious damage to the victim requiring long-term medical care. It is the responsibility of the party at fault to compensate the injured party for such injuries. Your brain injury can be serious and require extensive medical care.
Symptoms of brain injuries caused by carbon monoxide exposure include:
- Loss of memory;
- Inability to carry conversation;
- Lack of motor functions;
- Loss of hearing;
- Loss of sight;
- Reduced attention capacity;
- Fatigue; and
- Mood swings
If you have any of the above symptoms contact our offices today for a free consultation and review of your case.
Workers Compensation for Carbon Monoxide Exposure
Carbon monoxide poisoning at work can occur and your employer may be liable for your injuries. Individuals who are exposed to fumes as a result of working above a parking lot with open windows, those who operate vessels, employees who operate forklifts in closed areas, air-line stewardess, bag handling operators and truck drivers.
While not all employees are liable it is important to evaluate the facts of your case to determine whether liability can exist. If you were injured because of carbon monoxide exposure at work, contact our offices for a free case evaluation. We can assist you with your case and help you obtain favorable results.
Carbon Monoxide Effect on the Brain
What are the effects of carbon monoxide on the brain? This is a difficult question to determine. Carbon monoxide exposure and its impact on the brain can range from serious to moderate impacts. This depends mainly on the concentration of the gas and the length of the exposure.
When a person is exposed to carbon monoxide it enters the bloodstream of the victim. The gas will then attach to the hemoglobin and begin to circulate within the body of the victim. Once the carbon monoxide attaches with the red blood cells brain injury can result. Brain injury resulting from carbon monoxide exposure occurs due to lack of oxygen to the brain. When a person is exposed to carbon monoxide their body begins to shut down, which ultimately leads to little or no oxygen reaching the brain, causing the death of cell activity. At this point, serious brain injury can result.Generally when brain injury occurs as a result of carbon monoxide exposure, very little can be done to reverse the damage.
Carbon Monoxide Wrongful Death
At this point in the reading, it should be clear that carbon monoxide is not good for you. It is a toxic chemical that can cause serious brain damage. Without oxygen, you suffocate every cell in your body and they are not able to do their job. Cells begin to die, and thus you begin to die.
Once your brain suffers carbon monoxide poisoning, it is practically impossible to reverse the toxification. Once enough neurons in the brain suffocate due to a lack of vivifying oxygen, the brain will die. This affects more than just your brain. Your internal organs, unable to function properly begin to shut down as a result of the carbon monoxide. Your muscles no longer have the energy to function and collapse, and this includes your heart. Once your heart no longer has the oxygen to pump blood, it stops, shutting down your entire body. At this point, you are dead.
Carbon monoxide is odorless and invisible, making detection of the gas practically impossible without a carbon monoxide detector. Because it is difficult to detect, people never realize they are being poisoned. They become drowsy and before they have a chance to realize it, brain damage or worse has occurred. This is why it is crucial that your carbon monoxide detector is functional.
DOWNTOWN LA LAW CAN HELP
If you have been injured as a result of carbon monoxide poisoning Downtown LA Law can help. Our attorneys are aggressive and knowledgeable. Our Los Angeles carbon monoxide attorneys can assist you with your recovery. If you have been injured as a result of carbon monoxide inhalation or exposure either at home, your workplace or in any commercial or residential setting, contact our offices. Carbon monoxide injury attorney’s can help you with your claim. Call today for a free case evaluation.
FURTHER INFORMATION ON CO POISONING
ACQUIRED BRAIN INJURY – CHEMICAL EXPOSURE, CARBON MONOXIDE, MEDICAL MALPRACTICE