Carbon Monoxide Poisoning Lawyer in Louisville, KY

The CDC says the most common symptoms are headache, dizziness, weakness, upset stomach, vomiting, chest pain and confusion, and that people who are sleeping or drunk can die before they have symptoms. More than 400 Americans die each year from unintentional CO poisoning not linked to fires, more than 100,000 visit an emergency room and more than 14,000 are hospitalized (CDC: About carbon monoxide poisoning).

A clue many families notice: several people in the same home feel sick at once and feel better after leaving. Serious exposure can cause lasting memory, concentration and mood problems; see our brain injury lawyer page.

• Furnaces and boilers with cracked heat exchangers or blocked flues
• Water heaters with disconnected or improperly installed vents
• Portable generators run indoors or near windows
• Gas ranges, space heaters and fireplaces
• Vehicles running in attached garages
• Pool heaters and other equipment in hotels

• Landlords: where Kentucky’s Uniform Residential Landlord and Tenant Act has been adopted, including Louisville Metro, landlords must keep heating and other supplied facilities in good and safe working order (KRS 383.595). See apartment and landlord injury claims.
• Hotels and other businesses: owners must use reasonable care to keep guests safe from hazards they know about or should find.
• HVAC contractors and installers: for improper installation, venting or repairs.
• Manufacturers: for defective appliances, generators or alarms; see product liability.

Kentucky’s residential building code (815 KAR 7:125) generally requires CO alarms in new homes that have fuel-fired appliances or attached garages. Whether a code applies to an older building depends on when it was built or renovated, so this needs to be checked case by case.

1. Get everyone, including pets, out into fresh air and call 911.
2. Get medical care. Ask whether a blood test for carbon monoxide is appropriate, and do it quickly because levels fall fast.
3. Call the gas utility or fire department to test the home.
4. Don’t let the landlord or owner repair or remove the equipment before it’s inspected and photographed.
5. Keep medical records, the fire department or utility report, and any CO alarm.

Most Kentucky personal injury claims must be filed within one year (KRS 413.140). Most motor vehicle injury claims have two years from the injury or the last PIP payment, whichever is later (KRS 304.39-230). Kentucky uses pure comparative fault: your share of fault reduces your recovery but doesn’t bar it (KRS 411.182). If someone died, see our wrongful death lawyer page.