Carbon Monoxide Poisoning Lawyer: 14 Questions (and Answers) About Carbon Monoxide Poisoning in South Carolina

Carbon monoxide poisoning is a dangerous issue that seems to be occurring more and more often in South Carolina and across the country. With news stories outlining how whole families are found deceased in their apartments or hotel rooms due to the poisonous gas, it’s important to be aware of what carbon monoxide is and how it can affect you and your loved ones. I’ve put together this list to inform South Carolinians of the dangers of this invisible gas, with the hope that it can prevent tragedy.

If you or your loved ones have experienced carbon monoxide poisoning, please know that you may have options to hold the responsible parties legally and financially accountable. Our team at the Law Office of Kenneth Berger is here to answer your questions, guide you through the legal process, and help you get the treatment you need.

Can I sue for carbon monoxide poisoning?

Yes, you can sue for carbon monoxide poisoning in South Carolina if the poisoning was caused by someone else’s negligence or failure to meet safety standards. Carbon monoxide poisoning can happen in many situations, such as when there is a gas leak in your home or apartment, if your landlord doesn’t maintain safe heating equipment, or if a business fails to properly ventilate its space.

If you have been exposed to carbon monoxide because of a faulty appliance, negligent maintenance, or a failure to properly warn of the dangers, you may have a legal case. In these situations, the property owner, employer, or manufacturer could be held responsible for your injuries or illness.

A lawyer can help you determine if you have a case and guide you through the process of seeking compensation for medical treatment, lost wages, and pain and suffering caused by the poisoning.

What compensation can I receive for a carbon monoxide poisoning claim in South Carolina?

If you’ve been affected by carbon monoxide poisoning, you may be entitled to compensation for the damages you’ve suffered. These damages can include:

• • Medical Expenses: This includes the cost of any hospital stays, treatments, medications, or ongoing care needed to recover from the poisoning.
  • Lost Wages: If your poisoning caused you to miss work, you can seek compensation for the income you lost during your recovery. This could include future lost wages if your injuries affect your ability to work long-term.
  • Pain and Suffering: Carbon monoxide poisoning can have a long-lasting impact on your brain and heart health, especially if you are elderly or if you lost consciousness from the carbon monoxide. In South Carolina, pain and suffering refers to physical and emotional distress injured people endure. These non-economic damages may include: 
    • Inconvenience
    • Physical impairment
    • Disfigurement
    • Mental anguish
    • Emotional distress
    • Loss of Consortium
  • Wrongful Death: If a loved one has died from carbon monoxide poisoning, the deceased person’s family may be able to file a wrongful death lawsuit to seek compensation for funeral expenses, loss of companionship, and emotional distress.

A lawyer can help you understand the specific damages you may be entitled to based on your situation and ensure that you receive fair compensation for all the harm caused by the poisoning.

Who can be held responsible if I suffered carbon monoxide poisoning?

If you’ve been poisoned by carbon monoxide, several parties could be held responsible, depending on how the exposure occurred. Here are some examples of who may be liable:

1. 1. Landlords or Property Owners: If you live in a rental property and the carbon monoxide poisoning was caused by faulty appliances, poor ventilation, or a failure to maintain the property, the landlord or property owner may be held responsible for not ensuring the property was safe.

   2. Employers: If the poisoning happened at your workplace, your employer could be responsible, especially if they failed to provide proper safety measures or neglected to maintain equipment that caused the exposure.

   3. Manufacturers or Sellers: If a defective appliance, like a heater, stove, or generator, caused the carbon monoxide poisoning, the manufacturer or seller of that product could be held accountable for not ensuring their products were safe to use.

   4. Gas Companies: If the poisoning was caused by a gas leak or improper installation of gas appliances, the gas company or the contractor who installed the system could be held responsible for the leak.

   5. Businesses: If you were exposed to carbon monoxide at a business, such as a hotel or a restaurant, due to unsafe conditions or improper maintenance of appliances, the business owners may be liable for your injuries.

A lawyer can help investigate your case, identify who is responsible, and help you pursue compensation for your injuries.

What can a lawyer do to help me after carbon monoxide poisoning?

If you’ve suffered from carbon monoxide poisoning, a lawyer can be an invaluable ally in helping you navigate the legal process. Here’s how a lawyer can help:

1. 1. Investigate the Cause: A lawyer will help determine the source of the carbon monoxide exposure—whether it’s from a faulty appliance, a landlord’s negligence, or another cause. They can gather evidence and identify who is responsible for your injuries.

   2. Handle the Legal Process: Filing a lawsuit or insurance claim can be complicated. A lawyer will take care of all the legal paperwork, ensure deadlines are met, and handle negotiations with insurance companies or at-fault parties.

   3. Gather Evidence: A lawyer will collect the necessary medical records, witness statements, and expert reports to build a strong case for you.

   4. Maximize Your Compensation: A lawyer will work to get you full compensation for medical bills, lost wages, pain and suffering, and other damages related to the poisoning.

   5. Provide Peace of Mind: Dealing with the aftermath of carbon monoxide poisoning can be overwhelming. A lawyer will be your advocate, protecting your rights and allowing you to focus on your recovery.

How long do I have to file a lawsuit for carbon monoxide poisoning in South Carolina?

In South Carolina, you generally have three years from the date you were exposed to carbon monoxide to file a lawsuit. This is known as the statute of limitations.

It’s important to act quickly because if you wait too long, you may lose your right to seek compensation for your injuries. The clock starts ticking from the date you discover the poisoning, or from the date you should have reasonably known about it.

A lawyer can help ensure that your case is filed on time and guide you through the process. If you think you may have a claim, it's a good idea to contact an attorney as soon as possible to protect your legal rights.

What is carbon monoxide?

Carbon monoxide (CO) is a colorless, odorless gas that is poisonous when breathed in, with many calling it the invisible killer. It is produced by any device or appliance that burns fuels like gasoline, kerosene, wood, coal, natural gas, oil, or methane.

How does CO poison you?

When inhaled, CO keeps your blood from being able to carry enough oxygen to the rest of your body and can rapidly harm your heart, brain, and other organs. High levels of carbon monoxide can kill quickly, but being exposed to low levels of the gas can also have detrimental, long-term effects on your body, including permanent brain damage.

Where does carbon monoxide come from?

CO is created through the incomplete burning of fuel. This occurs in common household appliances such as water heaters, gas fires, gas stoves, and central heating systems. Most of the time, people are safe from carbon monoxide because it is being properly vented from your appliances and pushed outside where it is diluted. However, that isn’t always the case. Most cases of CO poisoning are caused when the gas is able to build up inside of your home where you and your family unknowingly breath it in. A few examples of how this can occur include:

• Pipes leading to your appliances are cracked or improperly installed and leaking CO;
• Chimneys are blocked by debris;
• A gas range or stove is used to heat the home; or
• Charcoal is burned in an enclosed space.

What are the symptoms of carbon monoxide poisoning?

The level of exposure to CO will determine the symptoms you experience.

Mild carbon monoxide poisoning symptoms include:

• Headaches
• Nausea
• Dizziness
• Difficulty concentrating
• Vomiting
• Drowsiness
• Poor coordination.

If you begin to experience these symptoms and believe that you’ve been exposed to the toxic gas, quickly move into fresh air, which will help to replenish your oxygen levels and limit damage.

Moderate or severe carbon monoxide poisoning causes:

• Impaired judgment
• Confusion
• Unconsciousness
• Seizures
• Chest pain
• Shortness of breath
• Low blood pressure
• Death

Higher levels of carbon monoxide are dangerous because the lack of oxygen can cause gradual unconsciousness. After passing out, the poisoned person will continue to breath in the poisonous gas, which could lead to death if they’re not found in time.

What are some signs of a carbon monoxide leak?

It’s easy to mistake symptoms of CO poisoning with having the flu, but if you suspect that you have been exposed to CO gas, keep an eye out for other signs of a carbon monoxide leak.

This may include a family pet suddenly dying or multiple people within the same building or apartment complex experiencing the same symptoms. Another sign is if your symptoms disappear or minimize when you’re at work, at school, or while running errands, then reappear when you return home.

Are carbon monoxide detectors required in South Carolina?

In 2013, South Carolina updated its building and fire codes to match the 2012 versions of the International Building Code, International Residential Code, and International Fire Code. These codes require the installation of CO alarms in some new and existing buildings like hotels, boarding houses, dormitories, apartment buildings, hospitals, and residences that contain a fuel-burning appliance or an attached garage.

What are the long-term effects of carbon monoxide poisoning?

According to Headway, a non-profit dedicated to helping people with brain injuries, acute CO poisoning can lead to severe long-term neurological problems with disturbances in memory, language, cognition, mood, and behavior. Severe exposure to CO can also increase your chances of developing coronary heart disease.

How to treat CO poisoning?

If you think you’ve been exposed to carbon monoxide, the first thing you should do is find fresh air immediately to replenish the oxygen in your body as quickly as possible and call 911.

In most cases, treatment will include breathing pure oxygen through a mask to raise the oxygen levels in your blood. Though rare, hyperbaric oxygen therapy may also be used if you’ve been exposed to high levels of CO. Hyperbaric oxygen therapy is a treatment in which you’re placed in a pressurized oxygen chamber. The higher air pressure speeds up the process of replacing the CO in your bloodstream with oxygen and can help minimize long-term damage to your brain, heart, and organs.

Can I hire a lawyer for carbon monoxide poisoning? 

Yes. If you have endured CO poisoning in South Carolina, you should hire an experienced South Carolina injury attorney to help you hold the responsible parties accountable. A lawyer can investigate who should be held accountable, whether it’s your landlord, property manager, the product manufacturer, or the company that was hired to install or maintain the equipment.

Once liability is established, a lawyer can help you recover damages for items including lost wages, past and future medical bills, and lost quality of life. Furthermore, if your loved one died due to carbon monoxide poisoning, a lawyer may be able to file a wrongful death lawsuit.

If you or a loved one has suffered carbon monoxide poisoning in South Carolina, contact us online today or call us at 803-790-2800. Our offices are conveniently located in Columbia and Myrtle Beach, and we have been proudly servicing clients throughout the surrounding areas. Contact us online today or call us at 803-790-2800 (Columbia, SC) / 843-427-2800 (Myrtle Beach, SC).

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