Carbon monoxide is often called the "silent killer" because it has no smell, taste, or color. People can breathe it in without realizing it, and by the time symptoms appear, the exposure may already have caused serious damage. Victims of carbon monoxide poisoning may suffer permanent brain injuries, organ damage, or even death. Families often find themselves asking, how much can you sue for carbon monoxide poisoning? The answer depends on the harm caused and who was responsible for the exposure.
Carbon monoxide develops when fuel doesn’t burn completely. Common household and workplace sources include gas stoves, furnaces, fireplaces, water heaters, portable generators, and even vehicles left running in attached garages. Because the gas builds up indoors without warning, entire families may become sick while sleeping, or workers may be poisoned during the day without realizing it.
If you or someone you love was harmed by carbon monoxide, you shouldn’t try to handle the legal process on your own. You need strong representation from a carbon monoxide injury attorney who can hold the negligent party accountable. Contact a lawyer near you now for a free consultation.
Key Takeaways
- Carbon monoxide poisoning can cause severe injuries or death because the gas is odorless, tasteless, and colorless, making it hard to detect until it’s too late.
- Victims and families may file lawsuits to recover damages when exposure is caused by another party’s negligence, such as landlords, employers, contractors, or product manufacturers.
- Damages may include medical expenses, lost income, long-term care costs, pain and suffering, emotional trauma, and, in wrongful death cases, funeral expenses and loss of companionship.
- In Missouri, victims typically have five years to file personal injury claims and three years for wrongful death claims, though exceptions can extend these timelines.
- Multiple parties may share responsibility, and Missouri law allows victims to pursue claims against all negligent actors involved.
What Is a Carbon Monoxide Poisoning Lawsuit?
A carbon monoxide poisoning lawsuit is a legal claim brought after someone suffers injury or death due to exposure caused by another party’s negligence. These cases seek financial recovery for losses tied to the poisoning.
To succeed, you need an attorney to prove negligence. Negligence law follows four key elements:
- Duty of Care: The defendant had a responsibility to act reasonably and protect others. For example, a landlord has a duty to install carbon monoxide detectors, and a hotel owner must keep appliances properly maintained.
- Breach of Duty: The defendant failed to live up to that responsibility. Examples include ignoring inspection requirements, using faulty heating equipment, or skipping regular maintenance.
- Causation: The breach directly caused the leak. If a poorly installed furnace released carbon monoxide, and tenants inhaled it, the connection between the breach and the injury is clear.
- Damages: The victim suffered harm, such as hospitalization, permanent neurological damage, or death. Without damages, there’s no basis for financial recovery.
These lawsuits usually begin with a consultation. The attorney reviews the details, collects medical and maintenance records, and identifies who may be responsible. From there, a claim is filed against the negligent party. Many cases start with settlement negotiations, but if the responsible party refuses to accept liability or offers too little, the case may proceed to trial.
There are two main types of lawsuits that arise from carbon monoxide exposure:
- Personal Injury Claims: These are brought by the person who survived exposure. They focus on medical bills, lost wages, pain and suffering, and long-term care needs.
- Wrongful Death Claims: If the victim passed away, surviving family members file these claims. They focus on funeral costs, lost income, and the personal loss of a family member’s companionship and support.
In both situations, the lawsuit is about accountability. Someone had a duty to keep people safe and failed, leading to devastating consequences.
Who Can Be Held Liable for Carbon Monoxide Poisoning in Missouri?
Every carbon monoxide poisoning case starts with the question of responsibility. Someone either allowed the dangerous conditions to develop or failed to correct a hazard that should have been addressed. Missouri law recognizes that more than one party may share liability, depending on the circumstances.
- Landlords & Property Owners: Missouri landlords must maintain safe living conditions. If a property owner failed to install carbon monoxide detectors or ignored maintenance needs for gas furnaces, water heaters, or stoves, they may be liable. Hotels and vacation rental operators can also be held accountable if they neglected safety standards.
- Product Manufacturers: Sometimes, the fault lies with a defective product, such as a gas stove, portable generator, or water heater. If a manufacturing defect or poor design caused the leak, the manufacturer can face product liability claims.
- Employers: Carbon monoxide poisoning also happens in workplaces, especially in industrial or manufacturing settings where gas-powered equipment is used. If employers don’t provide proper ventilation or safety equipment, they may face liability.
- HVAC Contractors or Maintenance Companies: Contractors who improperly installed or repaired gas appliances may be responsible. For example, if a furnace was incorrectly vented, carbon monoxide could seep into living spaces.
Shared Responsibility
In many Missouri cases, more than one party shares responsibility. For example, a landlord might hire a contractor who performs faulty work, and at the same time the property contains a defective furnace from the manufacturer. Each party’s actions combined to create the dangerous situation. Missouri law allows victims to pursue claims against all negligent parties, which can increase the likelihood of recovering full financial damages.
Regulations and Standards in Missouri
Missouri law also plays a role in determining liability. State and local codes require carbon monoxide detectors in certain rental units and public accommodations. Failing to meet these requirements often strengthens a victim’s case by showing that the property owner or landlord violated a specific legal duty. Employers are also subject to workplace safety rules, and ignoring those rules creates liability.
What Types of Damages Can You Recover in a CO Poisoning Lawsuit?
Victims of carbon monoxide poisoning often face lifelong consequences. A lawsuit allows them to seek financial recovery for both economic and non-economic losses. The main categories of damages include:
Economic Damages
These cover measurable financial losses, such as:
- Past and future medical expenses, including hospitalization, rehabilitation, and long-term treatment.
- Lost income and reduced ability to earn in the future if the victim cannot return to work.
- Costs of in-home care or specialized medical equipment for long-term injuries.
For example, a young professional who develops memory loss and cognitive impairment after exposure may never return to their career. The lawsuit would include damages for lost earning potential over an entire lifetime.
Non-Economic Damages
These cover losses that don’t have a set price tag, including:
- Pain and suffering caused by injuries.
- Emotional trauma, such as depression or anxiety, from living with permanent damage.
- Loss of enjoyment of life if the victim can no longer do activities they once loved.
Imagine a parent who loved playing sports with their children but can no longer keep up due to long-term fatigue and headaches caused by carbon monoxide poisoning. That change in quality of life matters in a lawsuit.
Wrongful Death Damages
Families who lose a loved one to carbon monoxide poisoning may pursue recovery for:
- Funeral and burial expenses.
- Loss of financial support, benefits, and services the deceased would have provided.
- Loss of companionship, guidance, and support for surviving family members.
In many cases, damages also include the cost of long-term rehabilitation. Victims may need years of occupational therapy, counseling, or neurological treatment. The damages awarded should reflect both immediate needs and future costs.
How Long Do I Have to File a Carbon Monoxide Claim in Missouri?
Missouri law sets strict deadlines for filing claims. Missing the deadline means losing the right to pursue recovery.
- Personal Injury Claims: Victims generally have five years from the date of the poisoning to file a lawsuit.
- Wrongful Death Claims: Surviving family members generally have three years from the date of death.
Evidence is often the deciding factor in these lawsuits. When time passes, landlords may replace appliances, hotels may upgrade equipment, and workplaces may change safety practices. These changes can erase evidence that once showed negligence. Witnesses also become harder to locate, and memories fade. That’s why attorneys recommend starting the legal process as soon as possible.
Certain circumstances may also affect the deadline. For example, if the victim was a minor when the poisoning occurred, the filing timeline may be extended. Similarly, if the responsible party actively tried to hide their negligence, the court may allow more time. These exceptions show why it’s wise to speak with an attorney promptly to confirm your exact deadline.
What Is the Value of a Carbon Monoxide Poisoning Case?
The value of a carbon monoxide poisoning lawsuit depends on the unique circumstances of each case. Some cases settle for thousands of dollars, while others reach millions, especially when victims suffer severe or permanent harm.
Several factors influence case value:
- Severity of Injuries: A minor exposure that caused a short hospital stay will result in lower damages than permanent brain damage or death.
- Long-Term Impact: If poisoning led to permanent neurological impairment, loss of mobility, or reduced earning potential, the case value increases significantly.
- Strength of Evidence: Detailed inspection reports, medical records, and clear proof of negligence make cases stronger and often lead to higher settlement offers.
- Liability: Cases where responsibility is obvious, such as a landlord ignoring repeated repair requests, tend to be valued higher.
When multiple defendants share blame, such as a landlord, contractor, and product manufacturer, settlements may increase because several parties contribute to the payment. Insurance coverage also plays a major role, as some companies are more willing to settle fairly while others try to delay or deny responsibility.
How Our Attorneys Can Help
A carbon monoxide poisoning lawsuit demands detailed investigation and persistence. Many families feel overwhelmed by medical bills, time away from work, and the sudden changes to their daily lives. When you bring in Presley and Presley Trial Lawyers, you place that responsibility in the hands of a team that knows how to build strong cases from start to finish.
- Investigate the source of the leak and identify all responsible parties.
- Collect and preserve evidence, including maintenance records, inspection documents, and witness testimony.
- Work with medical professionals to connect your injuries directly to carbon monoxide exposure.
- Handle all communication and negotiations with insurance companies and defense lawyers.
- Push for the maximum financial recovery possible, whether through settlement or trial.
A strong legal strategy often pressures insurance companies into settling rather than risking trial. Our attorneys prepare each case as if it will go to court. This approach signals seriousness and often results in better offers. If the case does reach trial, we are ready to present detailed evidence, expert testimony, and a clear narrative showing how negligence caused the poisoning.
Beyond handling paperwork and negotiations, our attorneys also support families through the emotional side of the process. We explain options in plain language so families always know what’s happening and what to expect next. Knowing someone is fighting for accountability allows victims and families to focus on healing.
FAQs About Carbon Monoxide Poisoning Lawsuits in Missouri
What are the common symptoms of CO poisoning?
Headache, dizziness, nausea, fatigue, and confusion are the most common. Because these resemble flu symptoms, many victims don’t realize they’re being poisoned until the situation becomes severe.
Can I still file a claim if I'm not sure who is at fault?
Yes. An attorney will investigate the facts, identify all possible responsible parties, and build a strong claim.
Do I need to have a working CO detector to have a case?
No. While detectors are recommended for safety, their absence doesn’t block a claim. If a landlord or another party failed in their duty, you may still have a case.
What if the CO poisoning occurred at my workplace?
You may qualify for workers’ compensation. In some cases, you may also be able to bring a personal injury lawsuit against a third party, such as a contractor or manufacturer.
Are CO poisoning cases settled out of court?
Many cases resolve through settlement. However, if an insurance company refuses to offer a fair amount, your attorney can prepare the case for trial.
Let Our Personal Injury Lawyers in MO Help
Carbon monoxide poisoning lawsuits are time-sensitive, and waiting too long can weaken your claim. Presley and Presley Trial Lawyers has a proven history of standing up for victims and families harmed by unsafe conditions. Our attorneys know how to uncover negligence, build strong cases, and pursue financial recovery for clients who deserve justice.
If you or your loved one was harmed by carbon monoxide exposure, don’t wait to take action. Contact Presley and Presley Trial Lawyers today for a free, no-obligation case evaluation. Our team is ready to review your situation and explain the best steps forward.