Hotel Carbon Monoxide Poisoning Lawyer

People expect a certain level of safety when they pay to stay at a hotel. But injuries at these places are all too common, whether you’re at a luxury resort or a budget hotel chain. Hotel owners owe their guests a duty of care, meaning they are legally required to keep their property free of hazards. In addition, they must install safety devices, like smoke alarms and carbon monoxide detectors, which can alert people to a dangerous situation.

Carbon monoxide (CO) poisoning is not something most people think, but it’s actually the fourth leading cause of accidental deaths in the U.S. Known as a “silent killer,” CO is an invisible gas with no odor or taste. That means people can be exposed to it for a long period of time before they start to have symptoms. The most dangerous period is nighttime, when most people are sleeping and may not wake up in time to leave the hotel. Death is a very real possibility in these situations, though survivors can end up with severe, lifelong health complications.

If you have been harmed by carbon monoxide poisoning at a hotel, contact the hotel liability lawsuits attorneys of Normandie. You may have grounds to sue the hotel owner if they failed to take certain steps that could have prevented your injuries. Call us to schedule a free consultation, where we can advise you of your rights and legal options.

What causes Carbon Monoxide Poisoning in Hotels?

Incidents of carbon monoxide poisoning at a hotel typically occur due to the following reasons:

• Heating system inside the room – modern hotels generally have heat pumps for each room, which run on electricity. But older establishments, especially historical hotels and hostels, still use forced air furnaces that run on fuel. These types of heaters are a major culprit in hotel carbon monoxide poisoning cases.
• Boiler system – these are primarily used to heat the water in guest bathrooms and laundry rooms. However, older hotels may still rely on a boiler system to heat the entire premises. Improper maintenance can cause carbon monoxide to leak throughout the hotel.
• Neglected pool heaters – these devices are responsible for almost half the incidents of mass carbon dioxide poisoning at hotels and resorts. Pool heaters are often neglected by hotel owners and staff, and the result can be deadly if there are ventilation problems due to obstructions or blockages.

Even with regular inspections and maintenance, CO can still leak through vents, holes in the drywall, and various other openings. That’s why the law requires carbon monoxide detectors on properties that use fuel-burning appliances. Carbon monoxide detectors are inexpensive and easy to install, meaning it is perfectly reasonable to expect CO detectors in every room or suite.

If you or a loved one suffered carbon monoxide poisoning due to a hotel’s negligence, contact us right away to learn more about your legal options.
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Symptoms of Carbon Monoxide Poisoning

Poisoning from carbon monoxide occurs when the gas accumulates in your bloodstream, thereby replacing the oxygen in your red blood cells. When this happens, you can suffer serious bodily harm, including brain damage and death. Common symptoms of carbon monoxide poisoning include:

• Weakness
• Dizziness
• Dull headache
• Vomiting / nausea
• Confusion
• Shortness of breath
• Blurry vision
• Fainting / loss of consciousness

People who are sleeping or intoxicated are especially vulnerable to carbon monoxide poisoning. With that in mind, it’s unacceptable for hotels to not equip each room with a CO detector if there’s a fuel-burning appliance on site. Keep in mind that the signs of carbon monoxide poisoning can be subtle, but this is a life-threatening condition that requires immediate care. Please go to the emergency room right away if you believe that you are suffering from CO poisoning.

Your Rights under the California Carbon Monoxide Poisoning Prevent Act

In 2010, California lawmakers passed a legislation known as the Carbon Monoxide Poisoning Prevention Act. Under this law, property owners with fuel-burning appliances are required to install carbon dioxide detectors throughout the premises. Thus, CO detectors must be present in hotels and motels with devices that run on fuel, such as:

• Space heaters
• Generators
• Boilers
• Pool heaters
• Fireplaces
• Gas cooking ranges
• Charcoal grills
• Wood-burning stoves

There’s no disputing that carbon monoxide detectors save lives. Unfortunately, some hotel owners care more about saving money than they do about the lives of their guests. Aside from installing CO detectors, owners are responsible for maintaining, fixing, and replacing fuel-burning appliances on their property as needed.

Can I Sue if I was Harmed by Carbon Monoxide at a Hotel?

Yes, if you or a loved one suffered from CO poisoning due to the hotel’s negligence, you have the right to sue the owner for your injuries. Complications from carbon monoxide poisoning are especially dangerous to the elderly, babies and children, and those with heart disease, anemia, and respiratory disorders. Based on how long you were exposed to carbon monoxide, you can end up with severe complications, including heart damage, brain damage, and miscarriage. We can help you with an injury claim against the hotel, which will compensate you for the following:

• Medical expenses
• Lost wages / lost earning potential
• Pain and suffering
• Emotional distress
• Legal fees

This is a basic list of the compensation that may be available to you. The severity of your injuries and the level of negligence by the hotel can make you eligible for other damages, like future lost wages, lifetime care costs, and punitive damages. Our job is to go after the responsible parties and fight for every penny of the settlement you deserve. To speak with one of our attorneys, please contact us for a free case review.

What is my Loved One Died from Carbon Monoxide Poisoning?

In the worst cases, CO exposure can cause death, which happens roughly 430 times a year in the United States. As the family member, spouse, or registered domestic partner of the decedent, you may be entitled to wrongful death compensation from the hotel. Here are the damages that may be available to you:

• Funeral costs
• Medical expenses
• Pain and suffering
• Loss of expected income / benefits
• Loss of consortium
• Legal fees

Proving that a hotel’s negligence led to someone’s death is extremely challenging, but our law firm has many years of recovering settlements on behalf of surviving family members. We are ready for the challenge of bringing you justice and holding the hotel responsible for your loved one’s passing.

Average Case Value of a Carbon Monoxide Lawsuit

Carbon monoxide poisoning is a complex subject with various levels of injuries. As a result, identifying an “average” dollar amount is difficult when we’re talking about settlement values. However, large settlements are not uncommon with these lawsuits. Within the past few years, CO poisoning victims have received anywhere from $2 million to over $10 million, depending on the type of injury and long-term complications.

Cases involving brain damage or wrongful death generally bring in the highest settlements, particularly when punitive damages are involved. This form of compensation is awarded by the jury as a way to punish the defendant in cases of gross negligence. For example, let’s say the hotel you were staying at had a furnace that should have been replaced many years ago. They had received complaints from previous guests, who were exposed to carbon monoxide. However, the hotel failed to call a repair service or have the furnace replaced. If you end up with carbon monoxide poisoning due to their negligence, you may be awarded punitive damages on top of your settlement award. There is no cap on punitive damages in California, so this can end up increasing your total payment by a significant amount.

Even if your case does not qualify for punitive damages, you can count on us to fight for the highest possible settlement based on the harm you’ve suffered. Call us right away to speak with a hotel carbon monoxide poisoning lawyer.

How long will it take to Recover my Payment?

When a client comes to us for representation, our goal is to settle their case as quickly as possible, while ensuring that they are fairly compensated by the responsible party. For many of our cases, that process takes around 6 to 8 months, maybe less if the injuries are fairly straightforward. But as we’ve mentioned, these cases are rather complex, due to the silent and invisible nature of carbon monoxide. Depending on the number of complications, assembling a strong and compelling case and negotiating an adequate settlement can take up to 18 months. The claims that take the longest are the ones that proceed to a lawsuit, which is not uncommon with CO poisoning claims that result in death or permanent injury. Two or more years may be needed to resolve a case at this point.

Statute of Limitations to Sue for Carbon Monoxide Poisoning

In California, you have two years to file a lawsuit for carbon monoxide poisoning, whether you are the injured party or the family member / spouse of the decedent. The statute of limitations begins on the date of injury or the date of death, whichever applies to your situation. Extensions past the 2-year deadline may be granted in limited circumstances. For example, if you were physically and/or mentally incapacitated as a result of CO poisoning, the courts may grant you extra time to prepare and file a lawsuit. However, exceptions to the statute of limitations are extremely rare, so it’s best to get started on the claims process right away.

Second Opinion on Active Injury or Wrongful Death Claims

The devastating impact of carbon monoxide poisoning is difficult enough to deal with, but things only get worse if you’re stuck with an incompetent or uncaring lawyer. Thankfully, you are never forced to stay with an attorney, no matter where you are in the lawsuit process. If you’re debating the pros and cons of switching your lawyer, please come and see us for a free second opinion. First and foremost, this is a chance to have your case reviewed by one of our attorneys. Then, you’ll get to hear about the methods we would use to settle your case. If transferring your case to us is the right choice, we’ll take care of the entire process and get right to work on fighting for your damages. If not, the consultation is still 100% free, so you lose nothing by taking some time to speak with our experts.

Advice from a Lawyer Experienced in Hotel Carbon Monoxide Poisoning

Carbon monoxide leaks in hotels continue to be a problem throughout our country. Sadly, almost all of these accidents are preventable with basic maintenance and proper installation of carbon monoxide detectors. Hotel owners that fail in these areas must be brought to account for the harm and suffering they cause their guests.

If you’ve been injured by or lost a family member to carbon monoxide poisoning, contact the personal injury lawyers of Normandie. As a general rule, hotels are more interested in profits and public image than making things right with injury victims. Without an experienced lawyer by your side, it’s unlikely that you will receive fair compensation from a hotel CO poisoning injury claim. Along with our proven track record of hotel injury settlements, we operate under a Zero fee guarantee. This is a contingency agreement where we put up all the costs of litigating your case. All our expenses are paid by the hotel, and that only happens if we win your case.

If you would like to learn more about the ways we can assist you, please give us a call at your earliest convenience.

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