Carbon Monoxide Poisoning Resulting in Injuries, Disabilities, and Death

Getting compensated for Carbon Monoxide poisoning resulting in death, or permanent injuries and disabilities to the brain, heart, lungs, and other vital organs, is a complex area of the law and requires an experienced personal injury and wrongful death attorney advocate—someone with an established record of proving fault and damages, and who has a reputation for taking on big insurance.

As a rule, any physical and mental damages to bodily organs and tissues that are caused by a concentration of carbon monoxide, are typically unrepairable and may render the victim with a permanent disability.

Allow me to explain how CO poisoning adversely alters the brain, heart, lungs, and other vital organs and tissues.

Toxic Carbon Monoxide and Oxygen Starvation

A single molecule of oxygen is formed when two atoms of oxygen (O₂) bond together. Oxygen-rich blood is distributed throughout the body via the circulatory system: when inhaled, oxygen is diffused through the thin membrane of the lung and disseminated into the tiny capillaries of the lungs;

On the other hand, a toxic carbon monoxide molecule (CO) is a compound consisting of two elements triple bonded together: one carbon atom and 1 oxygen atom (C₁+O₁). The CO molecule enters the bloodstream in the same way— starving organs, and tissues of essential oxygen. Although any damage carried out on the cells of organs and tissues is irreversible, immediate exposure to fresh air or pure oxygen may help mitigate further damage to the body.

Incomplete Carbon Combustion Creates Carbon Monoxide

Carbon monoxide forms when there is a lack of oxygen. This absence of oxygen causes incomplete combustion of carbon-containing materials such as wood, oil, gasoline, and natural gas, to name a few.

For example, when a combustible engine is fired up and running in a closed garage, the unavailability of fresh air creates a concentration of CO.

Inhalation of CO fumes in an unventilated or marginally ventilated room induces cellular damage to the brain, heart, lungs, and other organs and tissues within the body—leading to permanent disabilities or death.

Because CO is odorless, colorless, and often goes undetected until a variety of symptoms develop, it is called the “Silent Killer”. However, by installing one or more carbon monoxide detectors in the home and garage is the best way to alert you and your family to the presence of CO gases in the home or workplace.

US Statistics of Carbon Monoxide Poisoning

• Each year, more than 20,000 people are treated for carbon monoxide poisoning in U.S. emergency rooms. Approximately one-fifth, or 4,000 of those treated are admitted for advanced lifesaving treatment.
• Annually, more than 400 people needlessly die from unintentional carbon monoxide exposure.

Causes of Carbon Monoxide Poisoning

In the home, where most carbon monoxide incidents occur, CO poisoning can be caused by leaky appliances, ill-fitting parts, or the improper installation of fuel-burning appliances.

Accidental carbon monoxide poisonings can occur anywhere fuel is burned, and oxygen is limited. Furnaces, space heaters, water heaters, stoves, fireplaces, natural gas dryers, and ranges may all be suspect when CO poisoning occurs. For this reason, it makes sense that fuel-burning appliances should be installed and annually maintained by licensed professional technicians.

It is not uncommon for landlords to use a maintenance crew to address the daily problems of their tenants. However, most of these handy men and women, while talented at making general repairs, are not usually licensed in the plumbing trade and may not have the skills and experience that a certified, licensed technician possesses.

When the repair of a fuel-burning appliance involves the use of improvised parts, or if an installation is performed incorrectly, a leaky appliance can become a life-threatening situation for occupants—going undetected for minutes, hours or even days.

What Are the Symptoms of Carbon Monoxide Poisoning?

The symptoms experienced by individuals who have been exposed to carbon monoxide intensify with ongoing exposure. In the early stages of exposure, you may not experience any symptoms at all, but as carbon monoxide increases in the red blood cells, you may develop awareness of a headache, or a slight loss of balance. Symptoms indicative of CO poisoning include light-headedness, confusion, dizziness, vomiting, vision impairment, shortness of breath, chest pain, and unconsciousness.

If you suspect exposure to CO, immediately remove yourself from the situation, seek as much fresh air as possible, and visit the emergency room for assessment and treatment if necessary.

Precautions For Reducing Risks of Accidental Death from CO Poisoning

I have put together a short list of items to consider if you have concerns about accidental CO poisoning. This list is by no means complete; I urge you to obtain additional information from the Center for Disease Control. In addition, there are many other websites available to  learn more about protecting you and your family from CO poisoning. If you have concerns about CO in the workplace, OSHA has some comprehensive resources you can visit online.

1. Hire a professional chimney sweep annually to clear your chimney of carbon buildup and other  obstructions. Your sweep should also inspect your fireplace box and flu. A woodburning stove can be inspected and swept annually by a bonded professional. If your woodburning stove has a catalytic converter, ask your sweep to inspect for operation and clean the converter for the most efficient burn. Not all chimney sweeps are knowledgeable about catalytic converters, so you may want to ask your stove supplier/retailer for a referral.
2. A building that is sealed too tightly can increase your exposure to carbon monoxide. Before lighting your wood-burning fireplace or stove, open your chimney’s flue and create a draft by cracking a nearby window. Once you have determined the smoke is safely exiting the chimney, you may close the window.
3. Engage a gas fireplace technician to clean and check your fittings annually.
4. Your furnace and flue should be inspected each year by a licensed technician. Remember to change the filter on your furnace as often as is recommended by the manufacturer.
5. If you have a gas range/stove, solicit a licensed technician once a year to inspect all fittings on your range or cooktop.
6. Space heaters in enclosed areas can pose a risk, particularly when fueled by propane, natural gas, or kerosene fuels. Educate yourself about the safe operation of your space heater before you use it. Never fall asleep or leave the room while in use. When purchasing a space heater, look for the stamp of approval by Underwriting Laboratories (UL).
7. Running your combustible engine vehicle in a garage, creates a toxic build-up of exhaust fumes. Always open the garage door before starting your vehicle. This can be especially worrisome if you use a remote starter and forget to open the garage door. Warn all family members about the dangers of running a car in an enclosed garage.
8. When idling, or driving your vehicle in deep snow, check to be certain the tail of your exhaust pipe is not resting in a snow drift. The exhaust fumes produced from the engine can be pushed back up into your vehicle creating a potentially deadly situation for you and your passengers.
9. Change the batteries on your CO detector once a year; pick a date and stick with it. It may save your life!

Insurance Coverage for Carbon Monoxide Poisoning and Pollution Exclusions

Many Homeowners and Commercial General Liability (CGL) insurance policies have language built into their policies known generally as the pollution exclusion. Throughout the country, state courts have had varying opinions about allowing insurance companies to apply the pollution exclusion in cases involving carbon monoxide poisoning. For this reason, I strongly recommend consulting with an experienced attorney before bringing a claim for faulty installation or repairs of the fuel-burning appliance.

Seek a Free Consultation with An Experienced Attorney Advocate

If you or a loved one has been exposed to a carbon monoxide event resulting in death or serious injuries, please call Ward & Ward Personal Injury Lawyers for a free consultation. Why wait? Call (317) 639-9501 and ask for attorney Charlie Ward today!