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Law Office of Cohen & Jaffe, LLP

Carbon Monoxide Poisoning Lawyer in Long Island, NY

carbon monoxide poisoning legal cases

The attorneys at the Law Office of Cohen & Jaffe, LLP are investigating claims for people who have suffered serious harm from inhaling carbon monoxide (CO) fumes due to the negligence of an individual or business.

Carbon monoxide is an odorless, poisonous gas that is produced by many common household appliances if they are not properly vented. Carbon monoxide poisoning kills hundreds of people each year and makes thousands of people ill, according to the Centers for Disease Control and Prevention. It’s the leading cause of fatal poisonings in the United States, according to the NYC Poison Control Center.

Our carbon monoxide poisoning attorneys at the Law Office of Cohen & Jaffe, LLP, in Long Island will investigate to determine who is responsible for the carbon monoxide poisoning that affected you or your loved one. We will help you pursue full compensation for the harm you have suffered. Attorneys Richard Jaffe and Stephen Cohen and the associate attorneys have more than 100 years of collective legal experience and will use that experience to help you.

Attorney Richard Jaffe has a background as a firefighter and emergency medical technician (EMT). From firsthand experience, he knows what happens when people have inhaled poisonous gas and have suffered carbon monoxide poisoning. He knows the types of evidence needed to build a solid carbon monoxide poisoning lawsuit that reflects the extent of harm that you or your loved one has suffered. Our small Long Island law firm emphasizes personalized service and aggressive representation. We understand the disruption that serious injuries cause and are proud of the recoveries we have made for many clients just like you.

Causes of Carbon Monoxide Poisoning

Many things in the household may produce deadly carbon monoxide fumes including:

  • Malfunctioning furnaces fueled by oil, wood, gas or coal
  • Water heaters
  • Kerosene or propane space heaters
  • Defective boilers
  • Fireplaces
  • Charcoal grills
  • Woodstoves
  • Camp stoves
  • Portable generators
  • Power tools
  • Pressure washers
  • Lawnmowers
  • Idling automobiles and trucks
  • Malfunctioning gas clothes dryer

Carbon monoxide poisoning may result from the combustion gases of an unvented or an improperly vented appliance and piece of equipment or a malfunctioning appliance.

Most carbon monoxide exposures in New York occur during winter months from heating sources such as unvented space heaters. You should never use a gas stove to heat your home or cook with a charcoal grill inside your house. This can cause a buildup of carbon monoxide.

New York lawmakers adopted Amanda’s Law requiring the installation of CO alarms on all new and existing one- and two-family dwellings, multifamily dwellings and rentals that have a fuel-burning appliance or attached garage. The law honors the memory Amanda Hansen, a teenage girl who died of carbon monoxide poisoning from a defective boiler while spending the night at a friend’s house.

Symptoms of Carbon Monoxide Poisoning

Inhaling carbon monoxide gas can prevent the body from using oxygen properly and cause serious illness or death.

The symptoms of carbon monoxide poisoning are variable and may resemble other common health problems including food poisoning or the flu. They include:

  • fatigue
  • nausea
  • headache
  • flu-like symptoms with no fever
  • rapid heartbeat
  • dizziness
  • shortness of breath
  • drowsiness
  • chest pain
  • cardiac arrest
  • disorientation

Breathing low levels of carbon monoxide may cause it to accumulate in the bloodstream and cause symptoms such as headaches and fatigue.

Inhaling higher concentrations of carbon monoxide can cause a person to experience pounding headaches, breathing problems and loss of consciousness within minutes.

Generally speaking, if two members of a family become ill and feel better after leaving the location, carbon monoxide poisoning should be suspected and ruled out. Pregnant women, infants and people with respiratory problems are at greater risk of carbon monoxide poisoning.

A doctor may diagnose CO poisoning using a blood test to check CO levels in the bloodstream and administer emergency medical treatment such as cardiopulmonary resuscitation or oxygen therapy.

Can You Sue for Carbon Monoxide Poisoning?

In New York, you are entitled to file a carbon monoxide lawsuit seeking damages for your losses, if your illness or your loved one’s wrongful death was caused by the negligent actions of others leading to carbon monoxide poisoning. You may file a civil lawsuit demanding compensation for your losses due to carbon monoxide poisoning such as medical bills, lost income from missed work or the preventable death of a loved one.

You will have to have evidence showing that an individual or apartment building owner’s negligence or disregard for New York’s health and safety regulations caused exposure to elevated levels of carbon monoxide, leading to a serious injury or death.

To have the best chance of success, you should work with a personal injury attorney experienced at investigating carbon monoxide poisoning legal cases.

Our attorneys at the Law Office of Cohen & Jaffe, LLP can help you determine whether you have a carbon monoxide poisoning claim. If so, our legal team will move quickly to conduct a thorough investigation and preserve evidence before a property owner can replace or repair the malfunctioning equipment or appliance.

We will contact the appropriate insurance companies and submit a demand letter seeking compensation for the full extent of your losses. We will attempt to negotiate a carbon dioxide poisoning settlement and will be prepared to go to court if the insurance company refuses to enter a just settlement.

Who Can Be Held Responsible for Carbon Monoxide Poisoning?

Those potentially responsible for carbon monoxide poisoning may include building owners, employers and appliance manufacturers.

There are numerous New York State and New York City laws that detail the responsibilities for installing carbon monoxide alarms in residential buildings.

Most apartment buildings and residential buildings in New York City are required to have carbon monoxide detectors. Apartment building owners are responsible for having approved carbon monoxide detectors installed. Building tenants are responsible for testing carbon monoxide detectors in their apartments on a regular basis and making sure they are working properly.

A building owner may be held financially liable for failure to install carbon monoxide detectors and violating the NYC health and safety regulations and building codes.

A heater or other appliance may have a defective design, making the manufacturer responsible for any harm caused by the product.

Our carbon monoxide poisoning law firm can determine all the parties that should be held financially responsible for an injury or death caused by breathing carbon monoxide fumes.

Types of Compensation Available

Victims of carbon monoxide poisoning and the families of those who die of carbon monoxide poisoning due to others’ negligence may be entitled to seek the following types of compensation: 

  • Medical expenses—Victims of carbon monoxide poisoning may seek compensation for all medical expenses including emergency room bills, hospitalization, and any future medical expenses linked to the injury.
  • Lost wages—You may seek compensation for any lost wages from missed work, even if you used sick leave or other paid time off to cover your absence.
  • Pain and suffering—You may be entitled to seek compensation for the suffering and for the pain and mental anguish you experienced as a result of carbon monoxide poisoning.
  • Wrongful deathThe close relatives of a person killed by carbon monoxide poisoning caused by others’ negligence may be entitled to claim compensation for the devastating economic impact of the loved one’s death and the lost contributions to family life. You do not have to shoulder the loss by yourself. Our compassionate wrongful death attorneys have helped families in Long Island who lost loved ones in preventable accidents.

If you have been injured or lost a loved one during carbon monoxide poisoning, it’s important to understand your legal rights. You should contact a New York premises liability attorney to review your claim promptly because New York only allows a limited amount of time to file a carbon monoxide claim. The Law Firm of Cohen & Jaffe is ready to help you put your life back together after a serious injury or the loss of a loved one.

To schedule a free consultation with a carbon monoxide lawsuit attorney at Cohen & Jaffe, LLP. It is a good way to inform yourself of your legal options.

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