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Florida Wrongful Death & Injury Lawyers
Miami Carbon Monoxide Poisoning Lawyer | Carbon Monoxide Injury and Wrongful Death Attorneys
Carbon monoxide (CO) is an odorless, colorless gas that can be lethal in confined spaces if proper safety precautions aren’t taken. Carbon monoxide poisoning is tragically preventable, but negligent actions by property owners, employers, or product manufacturers can lead to serious injury or even death. In Florida, victims of carbon monoxide poisoning or their families may be entitled to compensation under various state laws.
At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we are committed to helping victims of carbon monoxide exposure seek justice and fair compensation for their injuries. We understand the devastating impact that carbon monoxide poisoning can have on victims and their families. Our experienced personal injury attorneys have recovered millions of dollars for clients and their families in personal injury and wrongful death claims throughout Florida. With a proven track record, we stand ready to take on even the most complex cases, and we will fight to hold negligent parties accountable.
Contact us today at 305-638-4143 for a free consultation in English or Spanish.
Common Causes of Carbon Monoxide Poisoning
Carbon monoxide poisoning often results from improperly maintained or faulty equipment. The most common causes include:
- Faulty HVAC systems: Poorly installed or maintained heating, ventilation, and air conditioning systems can lead to the release of carbon monoxide.
- Defective appliances: Gas-powered appliances, such as stoves, ovens, and water heaters, can leak carbon monoxide when malfunctioning.
- Poor ventilation in enclosed spaces: Garages, basements, and other enclosed spaces with inadequate ventilation can trap carbon monoxide, creating dangerous conditions.
- Vehicle exhaust fumes: Cars, trucks, and boats can emit dangerous levels of carbon monoxide if left running in enclosed or poorly ventilated areas.
- Boiler room and generator malfunctions: Commercial properties, such as hotels and apartment complexes, are especially vulnerable to CO leaks from industrial equipment.
Symptoms of Carbon Monoxide Poisoning
Carbon monoxide poisoning can be difficult to detect because its symptoms often resemble the flu or food poisoning. However, prolonged or severe exposure can lead to serious injury or death.
Possible symptoms include:
- Headache.
- Weakness.
- Dizziness.
- Nausea or vomiting.
- Shortness of breath.
- Confusion.
- Blurred vision.
- Drowsiness.
- Loss of muscle control.
- Loss of consciousness.
- Brain Damage.
Negligence and Carbon Monoxide Poisoning
Negligence occurs when someone fails to act with the level of care that a reasonably prudent person would exercise in similar circumstances. When property owners, employers, or manufacturers fail to protect individuals from carbon monoxide exposure, they may be held liable for the injuries or deaths caused by their actions or omissions.
Common forms of negligence that can lead to carbon monoxide poisoning include:
- Failure to Maintain or Repair Gas-Powered Appliances: Malfunctioning furnaces, water heaters, stoves, or other gas-powered appliances can leak carbon monoxide into homes, workplaces, or commercial spaces.
- Improper Ventilation: Carbon monoxide builds up quickly in enclosed spaces. Failing to ensure proper ventilation in garages, boiler rooms, or industrial facilities can lead to dangerous levels of CO.
- Lack of CO Detectors: Many states, including Florida, require carbon monoxide detectors in certain types of buildings. Failing to install or maintain these detectors puts residents or employees at risk. According to the Florida Building Code, every new building or addition with a fossil-fuel-burning appliance, fireplace, or attached garage must have a functional carbon monoxide alarm installed within 10 feet of each sleeping area.
- Vehicle Exhaust Fumes: Leaving a car running in an enclosed space like a garage or parking structure can result in fatal CO exposure. Employers may also be liable if work vehicles or machinery contribute to CO buildup in poorly ventilated areas.
- Negligent Property Management: Landlords, hotel operators, and commercial property owners are responsible for ensuring that gas-powered equipment on their property is properly maintained and CO detectors are functional.
Who Can Be Held Liable for Carbon Monoxide Injuries and Deaths?
Carbon monoxide poisoning is often preventable with proper maintenance and safety protocols. When individuals or companies fail to take these precautions, they can be held liable for the injuries and deaths caused by their negligence. Potential liable parties may include:
- Landlords and property managers: Responsible for ensuring the safety of rental units and commercial properties, including the maintenance of appliances and CO detectors.
- Employers: Required to provide safe working conditions, including the prevention of exposure to harmful gasses.
- Manufacturers of defective products: If appliances or equipment are found to be faulty and cause CO poisoning, the manufacturer may be held liable.
- Hotels and other commercial establishments: Guests should be protected from carbon monoxide exposure due to poor ventilation or defective equipment.
Filing a Wrongful Death Claim After Carbon Monoxide Poisoning
The loss of a loved one due to carbon monoxide (CO) poisoning is a devastating and preventable tragedy. If your family member’s death was caused by someone else’s negligence, you may have the right to file a wrongful death claim to hold the responsible party accountable. The Florida Wrongful Death Act governs who can file a wrongful death claim, what compensation may be available, and how the legal process works.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by the surviving family members of a person who has died as a result of another party’s negligence, misconduct, or wrongful act. In the case of carbon monoxide poisoning, wrongful death claims can be filed if the poisoning resulted from the negligent maintenance of equipment, lack of carbon monoxide detectors, improper ventilation, or other preventable circumstances.
The personal representative of the deceased person’s estate must file the claim on behalf of the eligible survivors. According to Florida Statutes § 768.21, the survivors who can benefit from a wrongful death claim include:
- The spouse of the deceased
- Children of the deceased (minor children or adult children under specific circumstances)
- Parents of the deceased
- Blood relatives or adoptive siblings who were financially dependent on the deceased
The personal representative is typically named in the deceased person’s will or estate plan. If no representative is designated, the court will appoint one. It is important to note that the claim is brought for the benefit of the survivors, who are entitled to damages based on their relationship with the deceased.
In Florida, survivors may be entitled to various types of compensation, including:
- Medical and funeral expenses: Compensation for any medical costs related to the carbon monoxide poisoning and the cost of the funeral.
- Loss of support and services: Financial compensation for the loss of income, services, and contributions the deceased provided to their family.
- Pain and suffering: Spouses, children, and parents may be entitled to compensation for the emotional pain, grief, and suffering caused by the death.
- Loss of companionship: Spouses may receive compensation for the loss of the deceased’s companionship, while children may receive compensation for the loss of parental guidance and support.
Why Choose Flanagan & Bodenheimer For Your Carbon Monoxide Poisoning Case?
At Flanagan & Bodenheimer, our personal injury attorneys have a deep understanding of the complexities involved in carbon monoxide injury cases. We know how to investigate these claims, identify liable parties, and build strong cases to maximize compensation for our clients. Our approach is client-focused, offering personalized and compassionate legal representation while aggressively pursuing justice.
- Proven success: We have recovered millions of dollars in compensation for injury victims. Click here to see some of our past results.
- Personal attention: As a boutique firm, we prioritize quality over quantity. We intentionally maintain a small caseload, ensuring that each case receives the attention it deserves. You will have direct access to your attorney when necessary.
- No fees unless we win: We work on a contingency fee basis, meaning you don’t pay us unless we secure a settlement or verdict on your behalf.
Contact Our Miami Carbon Monoxide Poisoning Lawyers for a Free Consultation
If you or a loved one has suffered from carbon monoxide poisoning due to someone else’s negligence, it’s essential to have knowledgeable legal representation to guide you through the complexities of your case. The attorneys at Flanagan & Bodenheimer Injury & Wrongful Death Law Firm have extensive experience handling personal injury and wrongful death claims, and we are committed to helping you seek the justice and compensation you deserve.
With offices conveniently located in Miami, FL and Hollywood, FL, we proudly serve clients throughout Florida, including Tampa, Orlando, Jacksonville, Gainesville, Naples, and beyond. Our team is ready to stand by your side, fight for your rights, and ensure that those responsible are held accountable.