Home should be the place where people feel most secure. Apartment living often comes with added peace of mind because many tenants assume their landlords handle maintenance, inspections, and repairs. Unfortunately, that trust sometimes gets broken.
One of the most dangerous threats inside rental properties is carbon monoxide. Invisible and odorless, this gas causes thousands of emergency room visits and hundreds of deaths each year across the United States.
Carbon monoxide poisoning in apartment complexes often happens when heating systems malfunction, vents become blocked, or safety equipment is missing. Because tenants can’t see or smell the gas, they rely on landlords and property owners to follow the law and take preventive steps. When those obligations aren’t met, the consequences can be devastating.
Tenants may experience long-term health damage, sudden hospitalization, or even the loss of a loved one. Legal action may help hold negligent parties responsible and provide financial relief for families dealing with the aftermath.
If you’ve suffered injuries or losses because of carbon monoxide exposure in your apartment, contact a personal injury lawyer near you now for a free consultation.
Key Takeaways
- Carbon monoxide is a colorless, odorless gas that can be deadly.
- Property owners have a legal duty to keep their properties safe from CO hazards.
- Missouri law provides specific guidelines for carbon monoxide detectors in some buildings.
- Symptoms of CO poisoning can be mistaken for the flu, making it important to get medical help if you feel unwell.
- A personal injury lawsuit can help you get payment for your medical bills and other losses.
What is Carbon Monoxide Poisoning?
Carbon monoxide poisoning occurs when someone breathes in air containing too much of the gas. Once inhaled, carbon monoxide binds to red blood cells more strongly than oxygen does. This blocks the body’s ability to deliver oxygen to vital organs like the brain, heart, and lungs. Even short exposures can cause illness, while longer exposures may lead to unconsciousness or death.
In apartment buildings, risks increase because multiple units may share heating systems, gas lines, or ventilation shafts. If one system fails, many tenants may be exposed at the same time. Without immediate action, entire families could be harmed before anyone realizes what’s happening.
The "Silent Killer"
Carbon monoxide is called the silent killer because it gives no warning. People can’t see it, taste it, or smell it. A fire fills a room with smoke that forces people to leave, but CO exposure happens quietly. Victims often fall asleep and never wake up.
The gas forms whenever fuel doesn’t burn completely. Common fuels include natural gas, propane, oil, coal, charcoal, and wood. Problems occur when appliances leak, chimneys clog, or ventilation systems fail. Because the gas mixes evenly with air, a small leak can spread quickly throughout an apartment unit.
Common Sources of CO in Apartment Buildings
Several common problems in apartment complexes can create dangerous levels of carbon monoxide:
- Furnaces and boilers: A cracked heat exchanger or blocked flue can release CO into apartments instead of venting it outside.
- Water heaters: Faulty installation or poor maintenance may cause fumes to back up into living spaces.
- Gas stoves and ovens: Using these appliances without ventilation can produce CO in unsafe amounts, especially in small kitchens.
- Fireplaces and chimneys: Debris or animal nests can block flues, forcing gas into the room.
- Clothes dryers: Gas dryers vent improperly may push exhaust indoors.
- Attached garages: A car left running for only a few minutes can fill connected apartments with dangerous gas.
Tenants rarely have the tools or authority to inspect or repair these systems. That responsibility rests with the landlord or property manager.
Who is Responsible for Carbon Monoxide Poisoning in a Missouri Apartment?
When CO poisoning occurs, tenants want to know who bears responsibility. Missouri law places clear duties on property owners, but other parties may also share liability.
Landlord and Property Owner Responsibility
Landlords in Missouri must provide safe living conditions. This legal duty includes more than keeping the lights on or fixing leaky faucets. It extends to ensuring that heating systems, appliances, and ventilation operate safely.
Missouri statutes require landlords of certain buildings to install carbon monoxide detectors. For example, rental units that rely on fuel-burning heaters, fireplaces, or attached garages must have detectors near bedrooms. Landlords must also keep those detectors in working order. Ignoring these requirements can result in liability if tenants are harmed.
Even when detectors aren’t specifically mandated, landlords may still be negligent if they ignore clear safety hazards. Courts often look at whether a landlord took reasonable steps to prevent foreseeable harm. Failing to service a furnace for years or refusing to respond to tenant complaints may demonstrate negligence.
Proving Negligence
To hold a landlord or property owner accountable, tenants need an attorney to prove four elements of negligence:
- Duty: The landlord owed a responsibility to provide safe housing.
- Breach: The landlord failed to act reasonably, such as by ignoring maintenance needs.
- Causation: The failure caused the tenant’s carbon monoxide exposure.
- Damages: The tenant suffered harm, whether through medical bills, lost wages, or lasting health problems.
For instance, if tenants notified management that their furnace made loud noises and smelled strange, and management ignored the complaint, that failure could establish breach of duty. If later testing shows that the furnace leaked CO, the connection between breach and injury becomes clear.
Other Liable Parties
Landlords are not always the only responsible parties. Liability may also extend to:
- HVAC repair companies that performed unsafe work or skipped steps during inspection
- Appliance manufacturers that sold faulty equipment prone to leaks
- Maintenance contractors who ignored obvious safety violations
Identifying all possible defendants strengthens a case and may increase the resources available to cover losses.
What Are the Signs and Symptoms of Carbon Monoxide Poisoning?
Recognizing the signs of carbon monoxide exposure saves lives. Because symptoms often resemble the flu, people sometimes dismiss them or delay getting treatment. This delay can worsen injuries.
Mild exposure symptoms include:
- Headaches that don’t improve with rest
- Dizziness or lightheadedness
- Fatigue or unusual weakness
- Nausea or vomiting
- Shortness of breath
As exposure continues, more serious symptoms appear:
- Confusion or memory problems
- Chest pain or rapid heartbeat
- Blurred vision
- Loss of balance or coordination
- Unconsciousness
Different groups face higher risks. Children absorb carbon monoxide faster than adults, so their symptoms escalate quickly. Elderly tenants may not notice symptoms until serious harm occurs. Pregnant women exposed to CO risk harm to both themselves and their unborn child.
The Importance of Medical Diagnosis
Doctors confirm CO poisoning with blood tests that measure carboxyhemoglobin levels. High levels signal dangerous exposure. In severe cases, treatment may include oxygen therapy or hyperbaric oxygen chambers, which help push carbon monoxide out of the blood.
A clear medical diagnosis serves two purposes. It protects health by ensuring proper treatment, and it provides essential documentation for legal claims. Without test results, landlords and insurers may deny that exposure ever happened.
What Types of Damages Can You Recover for Carbon Monoxide Poisoning?
Carbon monoxide poisoning often brings both immediate and long-term costs. Missouri law allows victims to pursue financial recovery for multiple types of damages.
Economic Damages
Economic damages cover financial losses tied directly to the incident, such as:
- Hospital bills and emergency treatment
- Ambulance fees and follow-up care
- Prescription medications and rehabilitation therapy
- Lost wages from missed work days
- Reduced earning potential if lasting health issues limit employment
For example, a tenant who suffers brain damage may not return to their previous career. In that case, damages may include not just lost wages but also the long-term difference in income.
Non-Economic Damages
Non-economic damages address harm that can’t be measured in dollars but still deeply affects daily life. Victims may pursue compensation for:
- Pain from headaches, chest discomfort, or lasting injuries
- Emotional distress caused by trauma, fear, or anxiety
- Loss of enjoyment of life if injuries prevent activities like sports, hobbies, or family time
Wrongful Death Claims
When CO poisoning causes death, surviving family members may file a wrongful death claim. Damages in these cases may include:
- Funeral and burial expenses
- Lost financial support the deceased would have provided
- Loss of companionship, guidance, and care
Wrongful death claims also hold negligent landlords accountable, sending a message that safety neglect won’t be tolerated.
How Long Do You Have to File a Carbon Monoxide Poisoning Lawsuit in Missouri?
Legal deadlines matter. Missing a filing deadline can prevent victims from ever pursuing their claim, no matter how strong the evidence.
Personal Injury Statute of Limitations
In Missouri, most personal injury claims must be filed within five years of the injury. That period generally begins the day the tenant is exposed and harmed. However, if symptoms didn’t appear right away, courts sometimes apply a “discovery rule,” which allows the clock to start when the victim reasonably discovered the injury.
Wrongful Death Statute of Limitations
For wrongful death cases, families generally have three years from the date of death to file a lawsuit. Because these cases involve grieving families, acting quickly may feel difficult. Still, prompt legal action preserves rights and prevents evidence from disappearing.
How Our Attorneys Can Help
Carbon monoxide cases require careful investigation, knowledge of housing laws, and persistence in the face of insurance company defenses.
Presley and Presley Trial Lawyers has represented tenants and families harmed by unsafe living conditions, and we understand the unique issues involved in apartment-related carbon monoxide poisoning claims. Our team takes on the heavy lifting so you can focus on recovery.
Investigating Your Claim
The first step is figuring out how the poisoning happened. Our lawyers may:
- Review maintenance and inspection records from the apartment complex
- Examine city code enforcement reports or violation notices
- Interview tenants who experienced similar problems
- Work with medical professionals to connect health symptoms to CO exposure
By gathering this information, Presley and Presley Trial Lawyers builds a clear timeline that shows when the danger began, who should have acted, and how their failure harmed you.
Handling Communications
Dealing with landlords, property managers, and insurers often frustrates victims. Insurance companies may argue that symptoms came from something else or downplay their client’s role. Our attorneys handle these communications, protecting victims from being pressured into unfair settlements.
Pursuing the Best Possible Outcome
A lawyer from our firm evaluates both financial and personal losses before entering settlement negotiations. When insurers refuse to take responsibility, attorneys prepare for trial. By building a case for court, lawyers increase the pressure on defendants to take claims seriously.
Frequently Asked Questions About Carbon Monoxide Poisoning in Apartments
What should I do if my carbon monoxide detector goes off?
Leave the apartment immediately, call 911, and wait outside until firefighters confirm the building is safe. Don’t try to find the source of the leak yourself.
Can I sue if the poisoning was caused by another tenant's actions?
Yes, in some cases. If another tenant’s negligence contributed, but the landlord failed to provide working detectors or safe ventilation, both may share liability.
What if I was only exposed to a small amount of CO?
Even low-level exposure may cause serious health issues over time. Doctors recommend testing because symptoms don’t always appear right away.
Do I need to get medical treatment if I feel fine now?
Yes. Carbon monoxide sometimes causes delayed problems, including memory issues or heart complications. Only medical testing can confirm whether exposure occurred.
What if I'm worried about being evicted for filing a claim?
Missouri law prohibits landlords from retaliating against tenants who assert their rights. Filing a claim doesn’t give your landlord legal grounds to evict you.
Let Our Carbon Monoxide Injury Lawyers in MO Help
Carbon monoxide poisoning strips families of their sense of safety in their own homes. Victims may face steep medical bills, time away from work, and lasting health challenges. Presley and Presley Trial Lawyers recognizes the seriousness of these cases and the lasting impact on tenants and families.
Our attorneys investigate thoroughly, gather strong evidence, and handle all communications with insurance companies and landlords. We pursue fair outcomes through negotiation, and when necessary, we’re prepared to take cases to trial. Every claim matters because your health, your family’s well-being, and your future matter.
Contact Presley and Presley Trial Lawyers today for a free, no-obligation case evaluation.