Mr. Goodwin is everything you want in an attorney: professional, honest, thorough, and genuinely caring. He always explains things clearly, so I understood exactly what was happening and what to expect next. His attention to detail and persistence really stood out. Looking back, I feel lucky to have found him. He guided me through the whole process expertly, and I deeply appreciate all his hard work. Would definitely recommend him to anyone needing legal help.
As a carbon monoxide law firm in New York, the Law Offices of Albert Goodwin helps victims of carbon monoxide poisoning secure compensation for injuries resulting from the negligence of others.
New York Laws Protecting Against Carbon Monoxide Exposure
New York has implemented several laws to protect its residents against carbon monoxide exposure. The Carbon Monoxide Detector Mandate requires the installation of detectors in various dwelling types, including single-family homes, multi-family dwellings, dormitories, hotels, nursing homes, assisted living facilities, and commercial buildigs with fuel-burning appliances or attached garages.
Property owners are responsible for maintaining and inspecting these detectors, which includes regular testing to ensure proper functionality, inspections by qualified professionals, and prompt repair or replacement of malfunctioning units.
New York building codes also include carbon monoxide prevention and safety provisions, such as proper ventilation requirements for fuel-burning appliances, regulations for the installation and maintenance of heating systems, and guidelines for the safe installation of attached garages to prevent CO infiltration. Strict compliance is required during construction or renovation, with building permits contingent upon adherence to CO safety regulations, inspections conducted to verify compliance, and penalties for non-compliance, including fines and legal action.
Non-compliance with detector requirements may result in penalties for property owners, including fines for failure to install, maintain, or replace detectors, potential criminal charges for severe or repeated non-compliance, and increased liability in the event of a carbon monoxide poisoning incident.
Carbon Monoxide Poisoning Litigation FAQ
What is Carbon Monoxide Poisoning and How Does it Happen?
Carbon monoxide (CO) is a colorless, odorless, and tasteless gas that can cause serious health problems or death when inhaled in high concentrations. CO poisoning occurs when CO displaces oxygen in the blood, depriving the heart, brain, and other vital organs of oxygen. This usually occurs when the gas builds up in enclosed spaces due to inadequate ventilation or malfunctioning fuel-burning appliances. Symptoms of CO poisoning include headaches, dizziness, nausea, confusion, and loss of consciousness. Long-term exposure to low levels of CO can also lead to chronic health issues, such as neurological damage and cardiovascular problems.
What Are the Common Sources of Carbon Monoxide in Homes or Properties?
Common sources of carbon monoxide in homes or properties include malfunctioning or improperly maintained fuel-burning appliances, such as furnaces, boilers, water heaters, and stoves; blocked or damaged ventilation systems, including chimneys, flues, and vents; running gasoline-powered equipment, such as generators or vehicles, in enclosed spaces or near air intake systems; and improperly installed or maintained gas-powered appliances, such as fireplaces or space heaters.
When Should I Consider Legal Action for Carbon Monoxide Poisoning?
You should consider legal action for carbon monoxide poisoning if you or a loved one has suffered health consequences due to CO exposure in a home, apartment, or commercial building; when a property owner, landlord, or manager has failed to install, maintain, or repair CO detectors or fuel-burning appliances as required by law; if a defective product, such as a faulty furnace or detector, has caused or contributed to CO poisoning; or when the negligent actions of another party, such as a contractor or utility company, have led to CO exposure and related injuries.
What Steps Should I Take if I Suspect Carbon Monoxide Poisoning?
If you suspect carbon monoxide poisoning, immediately evacuate the affected area and move to fresh air. Call emergency services (911) and seek medical attention for anyone experiencing symptoms of CO poisoning. Contact the local fire department or utility company to report the incident and request an inspection of the property. Document the incident, including any health symptoms, medical treatment, and communication with the property owner or responsible parties. Consult with us to discuss your legal rights and options.
How Can a Lawyer Help with Carbon Monoxide Poisoning Cases?
We can help with carbon monoxide poisoning cases by investigating the incident to identify the cause of the CO exposure and gather evidence to support your claim, identifying all potentially liable parties, such as property owners, landlords, manufacturers, or contractors, navigating complex legal issues and procedures to build a strong case on your behalf, negotiating with insurance companies and other parties to secure a fair settlement or pursue litigation when necessary, and advocating for your rights and interests throughout the legal process, ensuring that you receive the compensation you deserve.
Who Can Be Held Liable for Carbon Monoxide Poisoning Cases?
Parties who can be held liable for carbon monoxide poisoning cases include property owners or landlords who fail to install, maintain, or repair CO detectors or fuel-burning appliances as required by law; manufacturers of defective products, such as faulty CO detectors, furnaces, or appliances that cause CO leaks; contractors or installers who improperly install or maintain fuel-burning appliances or ventilation systems; and utility companies that fail to properly maintain gas lines or respond to reports of gas leaks or malfunctioning equipment.
What Compensation Can I Seek in a Carbon Monoxide Poisoning Lawsuit?
In a carbon monoxide poisoning lawsuit, you can seek compensation for medical expenses, including emergency treatment, hospitalization, and ongoing care for CO-related health issues; lost wages or income due to missed work or reduced earning capacity resulting from CO poisoning; pain and suffering, including physical discomfort, emotional distress, and diminished quality of life; wrongful death damages for families who have lost a loved one due to CO poisoning, including funeral expenses and loss of companionship; and punitive damages in cases of extreme negligence or intentional misconduct by the responsible parties.
Is There a Time Limit for Filing a Carbon Monoxide Poisoning Lawsuit?
In New York, there are time limits, known as statutes of limitations, for filing a carbon monoxide poisoning lawsuit. These time limits vary depending on the specific circumstances of the case and the legal theory under which the claim is brought.
For personal injury claims, such as those involving carbon monoxide poisoning, the statute of limitations in New York is generally three years from the date of the incident or the discovery of the injury. This means that if you or a loved one has suffered harm due to carbon monoxide exposure, you have three years from the date of the incident or the date when you discovered the injury to file a lawsuit against the responsible parties.
However, there are some exceptions to this general rule. For example, if the carbon monoxide poisoning occurred on public property or involved a government entity, you may be required to file a notice of claim within 90 days of the incident and then file a lawsuit within one year and 90 days of the incident.
In cases involving wrongful death due to carbon monoxide poisoning, the statute of limitations is typically two years from the date of the person's death. This means that if a loved one has died as a result of carbon monoxide exposure, the family has two years from the date of the death to file a lawsuit seeking compensation for their loss.
It is crucial to be aware of these time limits and to consult with a carbon monoxide poisoning attorney like us as soon as possible after an incident. Failing to file a lawsuit within the applicable statute of limitations can result in the loss of your right to seek compensation for your injuries and damages.
Don't delay seeking legal assistance after a carbon monoxide poisoning accident. Time is of the essence in carbon monoxide poisoning cases. Prompt action is necessary to preserve evidence and document the incident. Delaying legal action may jeopardize your ability to recover compensation. Statutes of limitations restrict the time frame for filing a lawsuit. Early intervention by a carbon monoxide poisoning attorney like us can make a significant difference in the outcome of your case. It allows for a thorough investigation while evidence is still available, ensures that your legal rights are protected from the start, and provides guidance on navigating the complex legal process and dealing with insurance companies. We accept cases on contingency arrangements, which means that our clients do not pay any upfront legal fees or costs. Instead, our legal fees are contingent upon the successful resolution of the case, either through a settlement or a court award. If we do not secure compensation for you, you owe us nothing. You can call us at 212-233-1233 or send us an email at [email protected]. We represent carbon monoxide poisoning victims throughout the state of New York, including all five boroughs of New York City (Manhattan, Brooklyn, Queens, The Bronx, and Staten Island), Long Island, and Upstate New York.
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
