COVID-19: Your safety is our priority. Amidst the COVID-19 outbreak, we are doing our part to keep our clients and team members safe and healthy. The wheels of justice are still moving, but you can stay home while we fight for you. Learn More about the precautions Whitley Law Firm is taking to minimize the spread of COVID-19 and read more about Frequently Asked Questions regarding how the outbreak could affect your case.

Carbon monoxide poisoning is a serious threat to any person who spends a significant time indoors or around heavy machinery. This colorless, odorless gas can replace oxygen in a person’s bloodstream causing significant tissue damage or organ failure.

If this poisoning is the result of being on property owned by another party, that party may be liable under the theory of premises liability. This theory states that property owners have a duty to keep their guests safe from harm and are liable for any resulting damage.

A Durham carbon monoxide poisoning lawyer may be able to help people who have suffered personal injuries resulting from carbon monoxide poisoning. A compassionate injury attorney could work to trace the source of the injuries and hold negligent landowners responsible in settlement talks and court. To get started on your case, be sure to schedule a consultation today.

Effects of Carbon Monoxide Poisoning

Carbon monoxide poisoning is a serious threat to a person’s health that can have both immediate and long-term consequences. Carbon monoxide is a gas that is a byproduct of gasoline engines. It can also enter the atmosphere as the result of burning wood, charcoal, or any other flammable substance. Since carbon monoxide can be difficult to detect, the onset of symptoms can be sudden and catastrophic.

Inhaling carbon monoxide causes the gas to enter a person’s bloodstream and replace the oxygen. Without this oxygen, blood cannot perform its function to bring nourishment to the body’s organs and muscles. The resulting asphyxia can damage muscles, harm organs, or even result in brain damage. People with preexisting heart damage, who are pregnant, or of advanced age are particularly vulnerable to carbon monoxide poisoning. A Durham carbon monoxide poisoning lawyer could help to trace the source of an injury and explain what forms of compensation may be available.

Carbon Monoxide Poisoning as an Example of a Premises Liability Claim

Every landowner has a duty to keep visitors on their property safe from harm. A failure to perform this duty that results in an injury could give rise to a personal injury claim based on the theory of premises liability.

However, not every premises liability case is the same, and the nature of injuries due to carbon monoxide poisoning can complicate many claims. The general rule, described in Nelson v. Freeland, 349 N.C. 615, 507 S.E.2d 882 (1998), is that landowners must take reasonable actions to prevent injuries to invited guests on their land.

The concept of reasonableness is central to many carbon monoxide poisoning claims. What is reasonable for one defendant may not apply to another. For example, a building maintenance company should take steps to ensure that a building contains proper ventilation from its heating source. A failure to maintain that equipment is almost certainly unreasonable. On the other hand, private landowners cannot be reasonably expected to have this sort of equipment. Still, people should know that it is dangerous to run a car in a sealed garage or to operate a charcoal grill indoors. Ultimately, a jury will decide if a landowner’s actions were reasonable. A Durham carbon monoxide poisoning attorney could help to argue this point in court and during potential settlement talks.

Contact a Durham Carbon Monoxide Poisoning Attorney Today

Carbon monoxide poses a threat to any person standing near a running car, a burning fire, or a lit grill. Property owners must take reasonable steps to protect guests from the resulting injuries. The nature of the property in question and the identity of the landowner determine to what extent these parties may be liable for an injury. These facts serve to complicate many premises liability claims that center around allegations of carbon monoxide poisoning.

Thankfully, a Durham carbon monoxide poisoning lawyer stands ready to take the lead in your case. They can evaluate how the poisoning has affected your life and demand proper compensation from at-fault defendants. They can also help to explain the laws in the state and how they hold landowners liable following an injury. Contact an attorney today to learn more.