An Invisible Threat with Visible Damages: Carbon Monoxide Poisoning
January 8, 2026
An Invisible Threat with Visible Damages: Carbon Monoxide Poisoning
The air we breathe should be safe, yet every year, hundreds of lives are tragically affected by an invisible, odorless, and colorless gas: carbon monoxide (CO). Often called “the silent killer,” CO exposure can occur anywhere a fuel-burning appliance or engine is present; homes, apartments, hotels, and workplaces.
When this preventable tragedy strikes due to someone else’s carelessness, the financial and emotional toll, including severe neurological damage or even death, is immediate and devastating. If you or a loved one has suffered from CO poisoning, litigation may be the necessary step to ensure you receive the full and fair compensation you deserve.
Here is a roadmap for navigating the legal complexities of a carbon monoxide poisoning lawsuit.
1. The Invisible Danger: Understanding the Source and Symptoms
Carbon monoxide is a poisonous gas produced by the incomplete burning of carbon-based fuels like gasoline, wood, or propane. Common sources include malfunctioning furnaces, blocked chimneys or vents, gas stoves, water heaters, and car exhaust in attached garages.
Recognizing the Symptoms
One of the most dangerous aspects of CO poisoning is that its initial symptoms often mimic the flu or a common headache, leading many to ignore the warning signs until it’s too late.
Symptoms of CO exposure can include:
Headache, dizziness, and light-headedness.
Nausea or vomiting.
Fatigue, confusion, or impaired judgment.
Exposure can quickly lead to severe complications, including permanent brain damage, heart complications, and death. If you suspect CO exposure, the most crucial first step is to get into fresh air and seek immediate medical attention.
2. Establishing Liability: Finding the Responsible Party
Unlike an auto collision where the at-fault driver is usually clear, CO poisoning cases require an extensive investigation to identify the negligent party. Your legal claim will typically fall under one of these theories:
Premises Liability (Landlord/Property Owner Negligence): This is the most common avenue for a lawsuit. Landlords and property managers have a legal duty to maintain safe living conditions. Liability can stem from a failure to install working CO detectors, neglecting necessary maintenance on fuel-burning appliances (like furnaces or water heaters), or ignoring health and safety codes.
Product Liability: If the CO exposure was caused by a faulty or improperly labeled product, such as a defective furnace, water heater, or even a malfunctioning CO detector, the manufacturer or retailer may be held liable for selling an unsafe product.
Employer/Business Negligence: Employers and business owners are responsible for ensuring that workplaces and business premises are safe from CO exposure. This applies if a leak occurs in an office building, hotel, or other commercial establishment due to poor maintenance.
3. Your Legal Roadmap: Proving Negligence and Damages
A carbon monoxide case requires a high level of legal and technical expertise to prove.
Investigation and Evidence Collection: Your attorney will work to preserve key evidence, including maintenance records, property inspection reports, and most importantly, your medical records, which can reveal a high level of carboxyhemoglobin (COHb) in your blood to link your injuries directly to the poisoning.
Expert Witness Testimony: Proving the source and cause often requires HVAC and mechanical engineering experts to determine that the negligent actions (or inactions) of the responsible party directly caused the leak and your injury.
- Seeking Full Compensation: Victims may be eligible to recover damages that reflect the true long-term impact of CO poisoning, including:
Past and future medical expenses and rehabilitation costs.
Lost wages and reduced future earning capacity, especially for cases involving permanent brain damage.
Non-economic damages like pain and suffering, emotional distress, and loss of quality of life.
If a death occurred, compensation may be sought through a wrongful death claim.
Holding the Responsible Parties Accountable
When an invisible hazard like carbon monoxide upends your life, the legal process can feel overwhelming, especially while you are focusing on recovery. However, when exposure is due to another party’s negligence, whether it’s a landlord who neglected maintenance or a manufacturer who sold a defective product, you have the right to seek justice and hold them accountable.
At Ball Eggleston, we meticulously guide our clients through these complex premises and product liability claims. We have the experience to investigate the source, establish liability, and fight for the full compensation needed to cover long-term health and financial burdens.
If you suspect your carbon monoxide poisoning was caused by someone else’s negligence, contact us today for an evaluation of your case.