Carbon monoxide poisoning is a serious and potentially life-threatening condition that occurs when individuals are exposed to high levels of carbon monoxide gas, often in confined or poorly ventilated spaces. As a colourless, odourless, and tasteless gas, carbon monoxide can infiltrate indoor environments unnoticed, leading to deadly consequences.

Whilst most carbon monoxide poisoning cases are accidental, there are those that are caused as a result of someone else’s negligence. If you have suffered carbon monoxide poisoning due to negligence, you may be eligible to make a carbon monoxide poisoning claim.

Our team of personal injury lawyers are highly experienced in this area of the law and can assist you in claiming the compensation you deserve.

Common causes of carbon monoxide poisoning

Common causes of carbon monoxide poisoning that lead to claims include:

1. Faulty Heating Systems: Malfunctioning furnaces, boilers, water heaters, and other heating appliances can produce carbon monoxide if not properly maintained or ventilated. Claims may arise when individuals are exposed to CO due to negligence in installation, maintenance, or repair of these systems.
2. Blocked Chimneys or Vents: Blocked chimneys, flues, or vents during open fires can prevent the proper exhaust of combustion gases, leading to a buildup of carbon monoxide indoors. Claims may result from the failure to detect or remove obstructions that impede ventilation.
3. Defective Appliances: Defects in gas-powered appliances such as stoves, ovens, and dryers can cause carbon monoxide leaks. Manufacturers, distributors, or retailers may be liable for claims if the defect contributed to CO poisoning.
4. Poorly Ventilated Spaces: Enclosed areas with inadequate ventilation, such as garages, basements, or vehicles, can accumulate high levels of carbon monoxide from running engines or other sources. Claims may arise when individuals are exposed to CO in these environments due to insufficient warning or faulty carbon monoxide detectors.
5. Improper Generator Use: Improper use of portable generators, especially indoors or in enclosed spaces, can lead to carbon monoxide buildup. Claims may occur if users are not adequately warned about the dangers of generator exhaust or fail to follow safety instructions. 

Am I eligible to make a carbon monoxide poisoning claim?

Whether you are eligible to make a carbon monoxide poisoning claim or not depends on the circumstances of the exposure to the gas that you faced. Generally, if your poisoning was caused by another party, such as if your employer exposed you to carbon monoxide poisoning at work or if a landlord failed to maintain a carbon monoxide alarm, you may be eligible to make a claim for compensation.

You must be able to verify that:

• The party you blame breached their duty of care
• They were negligent
• You suffered poisoning as a result of the negligence 

What should I do following carbon monoxide poisoning?

Seek medical attention: Effects of carbon monoxide poisoning can be life-threatening, and symptoms may worsen over time. Even if you start feeling better after exposure, seek medical evaluation promptly. Call emergency services or go to the nearest hospital for assessment and treatment.

Document the incident: Keep records of any relevant information, including the location, time, and duration of exposure, as well as any symptoms of carbon monoxide poisoning experienced by yourself or others. Take photographs if possible, and gather any medical documentation related to diagnosis and treatment.

Report the incident: Inform appropriate authorities about the carbon monoxide incident, such as building management, landlords, or relevant regulatory agencies. This can help prevent future incidents and ensure that necessary safety measures are implemented.

Consider legal consultation: If you believe negligence or wrongdoing contributed to the carbon monoxide poisoning, consider consulting with a legal professional experienced in personal injury or premises liability claims. They can advise you on your rights and options for seeking compensation for damages incurred.

What is the process for carbon monoxide poisoning claims?

During your initial consultation, our specialist solicitors will provide you with legal advice about carbon monoxide poisoning claims and will inform you about the relevant limitation rules.

Our personal injury lawyers will then ask you for details about your accident and the initial injuries that were suffered as a result. This will help our injury lawyers to assess the likelihood of your no win, no fee claim being successful.

During these initial stages of your claim for carbon monoxide compensation, it is vital that you gather the relevant evidence to support your claim. Relevant evidence may include CCTV footage of the incident, medical records, accident books, photographs of your injuries, and witness statements.

Your personal injury expert may also ask that you undergo an official medical examination in order to receive medical reports about the injuries that you have sustained. These medical reports will provide vital medical evidence of the nature and extent of your injuries. Even if you have received other medical care prior to starting your accident claim, a more thorough medical assessment may still be needed to produce detailed, accurate, and reliable medical reports.

If we think that your claim would be likely to succeed, we will offer a no win, no fee basis; if your claim is unsuccessful, you will not be required to pay any legal fees.

How much compensation could you receive?

The amount of compensation awarded will aim to put the claimant in the position they were in before the accident that resulted in their injuries took place. The amount of compensation awarded will depend on the pain and suffering caused by the injury, as well as the severity.

General damages that could be awarded will also depend on the impact that the injuries have had on the claimant’s daily life, whether any long term care is needed, and whether any structural adaptations need to be made to the claimant’s home in order to assist their new way of living.

Special damages will also be awarded to compensate for any further financial loss that the claimant has suffered as a result of their original injury. This could include compensation for a loss of earnings due to the time spent off work, loss of future earnings if the claimant has been left unable to work, the cost of medical treatment, travel expenses, and the cost of ongoing care if this is needed.

We advise that you keep evidence of all financial losses suffered as a result of your injuries. This could include receipts and invoices from medical treatment and evidence of any loss of earnings.

What are the time limits for carbon monoxide poisoning claims?

Before starting your claim for compensation, it is important to note that there are strict time limits on personal injury claims. From the date of the accident that caused the injuries, the injured party will have 3 years to commence proceedings for claiming compensation.

It must be noted, however, that there are some exceptions to this rule:

For example, if the claimant was under the age of 18 at the time of the incident, they have until their 21^st birthday to make their compensation claim. In the meantime, provided that the claimant is still under the age of 18, a litigation friend such as a parent, guardian, or close family member could claim compensation on their behalf.

Another exception to the 3 year time limit occurs when the claimant who has suffered an injury does not have the mental capacity to begin their claim. Rather than being limited to making a claim within 3 years from the date of the incident, the claimant is entitled to begin their carbon monoxide compensation claim at any moment in time once they regain the mental capacity to do so.

How can Beacon Law assist?

Beacon Law are a law firm of specialist personal injury solicitors. We have helped many of our clients claim compensation for carbon monoxide poisoning compensation claims, enabling them to move on with their new way of life.

Please call us on 0330 1332 857, and we will be happy to assist you with your query.

Beacon Law are authorised and regulated by the Solicitors Regulation Authority. To find out about our no win, no fee funding options, have a look at the funding section on our website.