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Carbon Monoxide Poisoning
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Are You Seeking The Expertise Of A Knowledgeable Personal Injury Attorney in Boston?
The Bellotti Law Group, P.C. is at your service, providing experienced legal guidance for those who have been affected by carbon monoxide poisoning. Our team specializes in understanding the complex laws related to personal injury, helping our clients successfully navigate their claims for just compensation. In the following sections, we'll further discuss carbon monoxide poisoning, Nicole's Law, landlord liability, and how you can file a claim under various circumstances.
Carbon Monoxide Poisoning Legal Counsel in Boston
Are you a tenant and were recently admitted to the hospital for carbon monoxide (CO) poisoning? You may be able to press charges against your landlord, given specific conditions. For homeowners, it's essential to ensure the safety of your family against CO poisoning. Annually, carbon monoxide is responsible for over 5,000 American deaths and twice that number in hospitalizations. These fatalities often result from faulty household appliances and defective detectors.
In many cases, household appliances such as boilers, heaters, fireplaces, or water heaters leak carbon monoxide due to improper installation or product defects. The exposure to carbon monoxide can lead to several health issues like:
- Dizziness
- Lightheadedness
- Nausea
- Fatigue
- Headaches
- Shortness of breath
- Stomach discomfort
- In severe cases, wrongful death
Understanding Nicole's Law
In 2005, Massachusetts passed Nicole's Law, mandating the installation of a CO detector in all residences equipped with fossil-fuel-based appliances. Carbon monoxide is an odorless and colorless gas, making it impossible to detect without the help of a detector. The initial symptoms of CO poisoning resemble those of a common cold, causing many victims to mistake their illness for a regular sickness, not a life-threatening toxic gas exposure.
Detectors must be installed on every level of the home, including lesser-used spaces like basements and attics. They must also be positioned within ten feet of every bedroom and undergo regular inspections. Detectors can fail due to drained batteries, low voltage, or disconnection from a wireless system.
Landlord Liability Explained
While landlords are primarily responsible for maintaining the exterior and shared spaces of a property, the lease agreement may require them to conduct repairs inside the rental units. If a carbon monoxide leak results from the faulty maintenance of appliances under the landlord's control—like furnaces or water heaters—the landlord could be held liable.
Your case might be stronger if the landlord had pledged to repair a malfunctioning device on the property but delayed or inadequately addressed the issue. Some local laws and rental agreements obligate landlords to inspect and fix equipment that could potentially expose tenants to CO poisoning. In such cases, the claim would be filed against the landlord.
However, landlords may be exempt from liability if they weren't aware of the problem or if the tenant neglected to report the issue. For example, if a tenant attempts to rectify a problem with a furnace or an appliance, causing further damage, the tenant would likely bear responsibility and wouldn't be able to file a claim. If the issue arises from a product defect unbeknownst to the landlord, the claim could be directed towards the product manufacturer.
Filing a Claim
Your eligibility to file a claim hinges on the circumstances surrounding the CO poisoning:
- If a product malfunction is to blame, the manufacturer may be held accountable.
- If an improperly installed unit caused the CO leak, the contractors could be liable.
- If a faulty alarm system failed to alert residents of a leak, the alarm company might bear responsibility, though this is relatively rare.
- If you're a tenant and your landlord is at fault, you could file a claim against them.
- If CO poisoning occurs at your workplace, your employer could be held liable. Employers are expected to take extra precautions to ensure their employees' safety, especially in high-risk industries like heavy manufacturing.
Contact A Personal Injury Attorney in Boston, MA
In conclusion, confronting carbon monoxide poisoning can be an overwhelming ordeal, both physically and emotionally. The experienced attorneys at Bellotti Law Group, P.C., are here to shoulder your legal burdens and help you through this difficult time. With our in-depth understanding of Massachusetts' laws and commitment to fight for justice, we will guide you through every step of the claim process. Whether the claim is against a negligent landlord, a product manufacturer, or a workplace, our objective is to help you secure the compensation you rightly deserve. Let our Boston personal injury attorneys be your advocates in this trying time.
