Proving Liability in Carbon Monoxide Poisoning Cases By Larry A. Tawwater on July 21, 2022

stovetop burnerWhen inhaled, carbon monoxide replaces oxygen in the blood and interferes with the body’s ability to deliver oxygen to the brain and other vital organs. Exposure to even low levels of carbon monoxide can lead to catastrophic injuries or death. When carbon monoxide poisoning occurs, victims and their family members are often unsure who is to blame.

Carbon monoxide poisoning lawyers at the Tawwater Law Firm, PLLC, work with poisoning victims to determine what caused the poisoning, and who is at-fault. Here we go over the process of proving liability in carbon monoxide poisoning cases, so our Oklahoma City, OK, clients can be justly compensated for their losses.

Causes of Carbon Monoxide Poisoning

To prove liability for carbon monoxide poisoning, investigators must first determine the cause of the carbon monoxide exposure. Carbon monoxide is produced when fuels don’t burn fully. The types of fuels that can produce carbon monoxide are commonly used in household appliances. While cases can vary, the most common cause of carbon monoxide poisoning is exposure to household appliances, cookers, space heaters, central heating systems, or fireplaces that are defective, damaged, improperly installed, or poorly maintained.

Who Is Responsible for Damages?

The person or party responsible for damages related to carbon monoxide poisoning depends on what caused the exposure. Most carbon monoxide poisoning cases are filed as defective product claims or premises liability claims.

When a person is exposed to carbon monoxide because a product is defective, liable parties may include the product designer, the product manufacturer, or the party that marketed, sold, and/or installed the product. 

If carbon monoxide poisoning occurs because an appliance or heating system was poorly maintained or because proper safety precautions were not taken, then the person or party who owns the property where the exposure occurred should be found liable for injury damages. 

Proving Product Liability for Carbon Monoxide Poisoning Cases

To prove that product liability was the cause of carbon monoxide poisoning for our Oklahoma City clients, our lawyers must demonstrate these key aspects of a product liability case:

  • The product was directly responsible for the plaintiff’s injuries
  • The product was being used as intended at the time that injuries occurred
  • The product was defective
  • The product defect led to physical, emotional, and/or financial damages for the plaintiff

Proving Premises Liability for Carbon Monoxide Poisoning Cases

To prove premises liability in carbon monoxide cases our lawyers must demonstrate the following:

  • The defendant owned, operated, or leased the property where the injury took place
  • The defendant was negligent in their care of the property (they failed to address known hazards or there was a hazard present that they should have reasonably been aware of)
  • The plaintiff was harmed
  • The defendant’s negligence was a significant factor in causing harm

Evidence In Carbon Monoxide Poisoning Cases

While the aspects of a premises liability claim are slightly different than those of a product liability claim, our lawyers use the same kinds of evidence to prove either type of carbon monoxide poisoning case. Our legal team works with accident investigators to gather evidence at the scene (including photographs) to support these claims. We also collect evidence such as medical records, accident and police reports, and expert witness testimony, to prove what led to carbon monoxide poisoning, and who is ultimately liable for damages.

Contact Tawwater Law Firm, PLLC

If you or a loved one has suffered damages related to carbon monoxide poisoning, lawyers at the Tawwater Law Firm, PLLC, can help you prove liability so you can be justly compensated for your losses. To schedule a consultation at our Oklahoma City law firm, contact us online, or call (405) 607-1400.

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The Tawwater Law Firm

As a client of the Tawwater Law Firm in Oklahoma City, you can benefit from: 

  • Our more than 36 years in practice serving personal injury victims
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  • A case supported by some of the nation's leading experts

To schedule a consultation, contact us online or call us at (405) 607-1400.

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