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Can I Sue My Landlord for Carbon Monoxide Poisoning?

In Washington, D.C., landlords have a legal responsibility to maintain rental properties to ensure they are safe for tenants. This includes taking steps to prevent carbon monoxide exposure. If you have experienced carbon monoxide poisoning due to the negligence of your landlord, you may be able to sue for damages. To learn more about your legal rights and options, reach out to a knowledgeable Washington D.C. injury attorney today.

What is Carbon Monoxide Poisoning?

Carbon monoxide poisoning is a medical condition that occurs when there is a buildup of carbon monoxide in the blood. When fuel like coal, wood, or gasoline burns, there must be enough oxygen present for it to completely combust and leave behind carbon dioxide. If there is an insufficient amount of oxygen, however, it creates carbon monoxide, a toxic gas.

Carbon monoxide is a colorless, odorless, and tasteless gas, making it impossible to detect without certain technology. When carbon monoxide is inhaled, it can cause serious health issues, including:

  • Headache
  • Nausea
  • Vomitting
  • Loss of muscle control
  • Chest pain
  • Seizures
  • Brain damage
  • Heart damage
  • Death

The above and more can be devastating and result in significant physical, emotional, and financial damages.

Is My Landlord Responsible for Preventing Carbon Monoxide Exposure?

The District of Columbia Property Maintenance Code states that landlords are legally required to install carbon monoxide detectors in all new and existing units, including apartments, condos, homes, dorms, etc.

Additionally, landlords must ensure that all rental units and common areas are safe and sanitary. This is known as the warrant of habitability and is implicit in all leases and explicit under the District’s regulations. Your landlord must maintain your apartment, including adequate heat and ventilation. This includes ensuring that appliances and the heating system are working properly, and performing regular inspections and maintenance.

Can I Sue My Landlord for Carbon Monoxide Poisoning?

If you experienced carbon monoxide poisoning in your rental unit, you may be able to sue your landlord for damages. Your landlord may be held liable for your carbon monoxide exposure under one of the following circumstances.

  • Your landlord violated the District’s laws regarding carbon monoxide regulations
  • Your landlord violated health and safety codes
  • Your landlord neglected the maintenance of your property

If your carbon monoxide poisoning was caused by some sort of negligence on the part of your landlord, then you may have a case against them. You will have to prove that your landlord was responsible for keeping you safe from carbon monoxide exposure and failed to do so, whether by neglecting to perform maintenance on an appliance, failing to properly install carbon monoxide detectors, or any other behavior that could have contributed to the issue.

To learn more about your options regarding legal action for carbon monoxide poisoning, be sure to contact an experienced personal injury attorney at Trombly & Singer, PLLC today.