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Answers to Common Questions

FAQs about Carbon Monoxide

Has a carbon monoxide poisoning incident left you with considerable losses, such as the death of a loved one or a chronic illness? Please let our compassionate San Jose personal injury attorneys at Caputo & Van Der Walde LLP provide you with the legal representation you need to obtain justice.

You may be entitled to:

  • Coverage for medical expenses
  • Loss of wages
  • Loss of earning capacity
  • Pain and suffering

Call Caputo & Van Der Walde LLP at (800) 900-0863 to schedule your free consultation today.

Q: What is carbon monoxide and why is exposure to it dangerous?

A: Carbon monoxide is a toxic gas produced by the burning of various fuels such as gas, oil, kerosene, wood, or charcoal. Not only can high levels of carbon monoxide kill a person within minutes, but the gas cannot be seen or smelt, making it an especially insidious hazard.

Prolonged exposure to carbon monoxide, if not fatal, can cause chronic health effects such as lethargy, headaches, problems focusing, amnesia, psychosis, Parkinson’s disease, memory impairment, and changes in personality.

Q: How can I prevent carbon monoxide poisoning?

A: If you haven’t already, you should install a carbon monoxide detector in your house. It is a device that notifies you of the presence of carbon monoxide in the air with a distinct audible alarm. Not only can this device potentially save your life, but it is also required by law to be installed in every dwelling unit intended for human occupancy with a fossil fuel burning appliance, fireplace, or an attached garage. This includes single-family homes, duplexes, lodging houses, dormitories, hotels and motels, condominiums, stock cooperatives, time-share projects, and multiple-unit dwelling buildings.

Q: What happens if I don’t comply with the law regarding installation of carbon monoxide detector devices?

A: If you haven’t installed a carbon monoxide device in your home according to the law, you may receive a 30-day notice to do so. If you fail to comply within this time period, you may be assessed a fine of up to $200 per offense.

Q: Do landlords have to comply with laws concerning carbon monoxide detectors?

A: Yes. All landlords must have carbon monoxide detectors installed in their dwelling units, and the devices must be operable when tenants take residence. However, tenants have the responsibility to notify their landlords whenever they become aware of an inoperable or dysfunctional carbon monoxide detector. Landlords who don’t fix broken carbon monoxide devices upon request are in violation of the law.

Q: Who can I sue for a carbon monoxide poisoning incident?

A: People often wonder if they are able to file a lawsuit for a carbon monoxide poisoning incident. There are two primary types of carbon monoxide poisoning claim cases: product liability and premises liability. In the former case, a product manufacturer can be sued if a deficiency in one of their products led to carbon monoxide poisoning. As for the latter case, a lawsuit can be brought against a landlord, builder, or contractor if they knew, or were likely aware of, a possible carbon monoxide leak on the affected premises but neglected to do anything about it.

Q: Why should I have you as my legal representative?

A: At Caputo & Van Der Walde LLP, we have the legal skills and knowledge to formulate effective, evidence-based legal strategies for our clients. Additionally, we excel in both negotiations and litigation. While mediation is preferable to a trial, we are willing to fight hard in court to help you obtain the best compensation award possible.

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