If you rent an apartment or home, you expect that your landlord will maintain the property in an effort to keep you and other tenants safe. If you have experienced carbon monoxide exposure, you may be able to sue your landlord for negligence depending on the details of the situation. If you have been exposed to carbon monoxide in your home, it is important that you understand your legal rights and options. Reach out to a Bergen County injury lawyer to discuss your situation and secure experienced legal representation today.
What is Carbon Monoxide?
Carbon monoxide is a colorless and odorless gas that is created by the incomplete combustion of fuels. When fuel burns, like coal, gasoline, or natural wood, the carbon must completely oxidize in order for it to dissipate into harmless carbon dioxide. If there is not enough oxygen for the fuel to completely burn, it creates the toxic substance known as carbon monoxide.
When inhaled, carbon monoxide can be deadly. Symptoms can include persistent headaches, nausea, fatigue, dizziness, fast heart rate, low blood pressure, chest pain, hallucinations, memory problems, seizures, and more.
Can I Sue My Landlord for Carbon Monoxide Exposure in NJ?
Carbon monoxide is a serious concern and can be lethal if inhaled in large amounts. As established, being exposed to this gas can result in significant health issues. If you rent, you may wonder whether you can sue your landlord for exposure.
Under New Jersey law, landlords are required to maintain their rental properties in a safe and habitable condition for tenants. This includes ensuring that heating systems and appliances are functioning properly to ensure they are not leaking carbon monoxide. The state housing code also requires that landlords install and maintain carbon monoxide detectors in rental units that have fuel-burning appliances and attached garages.
If your landlord fails to comply with these safety standards and you and your family are exposed to carbon monoxide as a result, you may be able to hold them liable for their negligence.
How Can I Sue My Landlord?
If you want to sue your landlord for carbon monoxide poisoning or exposure, you must establish that they were negligent in some way. To prove negligence, you must establish the following four factors.
- Duty of care: Your landlord owed you a duty of care to comply with safety standards and laws
- Breach of duty: Your landlord breached the duty of care by failing to properly install and maintain appliances, heating systems, and carbon monoxide detectors
- Causation: The breach of duty caused you to be exposed to carbon monoxide
- Damages: The exposure resulted in actual damages like medical expenses, lost wages, physical repercussions, and more
It is crucial that you accurately document your landlord’s negligence to ensure you can recover compensation for your various damages. If you have questions or concerns about your legal rights and options, reach out to an experienced personal injury lawyer today.
