Who Is Liable for Carbon Monoxide Poisoning in Hotels?
Whether you are booking a stay at a hotel for business or travel, when you check in to your hotel room you should be able to trust you are in a safe place. Unfortunately, that is not always the case.
Carbon monoxide is known by many as the silent killer, and even if carbon monoxide poisoning is not deadly, it may cause serious harm to those who are exposed to it. If you suffered carbon monoxide poisoning while staying in a hotel, it is important that you understand whether or not the hotel may be held liable for your losses.
Eric Ratinoff Law Corp. is a personal injury law firm with almost 30 years of experience helping victims who have suffered carbon monoxide poisoning while staying in a California hotel. While carbon monoxide may appear in almost any enclosed space, there are steps that hotels must take to ensure the safety of guests. If these precautions were not taken, they may be found at fault for any injuries their negligence causes hotel guests.
Who Is at Fault for Carbon Monoxide Poisoning in Hotels?
When carbon monoxide poisoning occurs at a hotel, a dream vacation may quickly turn into a nightmare. Owners of the property as well as the staff that manage or work at hotels have a duty of care to provide a safe environment for guests to stay. When it comes to carbon monoxide poisoning, the hotel owners, managers, or staff may be found liable of any harm caused to their guests if they did not take the proper precautionary steps to keep guests safe from this risk.
According to California law, owners of property or rental property are required to install carbon monoxide detectors in any rooms containing fuel burning appliances. In addition to installing these devices, landlords must inspect and upkeep them frequently to ensure they are working properly. If hotel management does not install or properly maintain carbon monoxide detectors in rooms containing fuel burning appliances, they may be found to be liable for damages that occur due to exposure to carbon monoxide.
In the state of California, liability can exist even if the liable party was not negligent or when the release of the poisonous gas was unintentional. In order to prove that a hotel owner or manager is liable for carbon monoxide poisoning, it must be proven that the actions of the property owner were the direct cause of the victim’s injuries. Examples of proximate cause include improper repair or service of a gas line at the hotel causing the release of the gas, or a defective carbon monoxide detector.
What Types of Injuries can Carbon Monoxide Cause?
As stated above, carbon monoxide is a deadly poison. It doesn’t take extremely prolonged exposure to cause extreme injuries, and even death. Depending on factors such as the amount of carbon monoxide released into the atmosphere, ventilation in the room, and length of exposure, the following injuries can occur:
- Permanent brain damage
- Heart damage
- Fetal death or miscarriage
Even less severe cases of carbon monoxide poisoning can result in brain and heart damage. Signs and symptoms of carbon monoxide poisoning include:
- Shortness of breath
- Blurred vision
- Loss of consciousness
If you suspect you have been a victim of carbon monoxide poisoning, consult your physician immediately.
Can You Collect Damages for a Carbon Monoxide Injury in California?
Regardless of whether or not a party was negligent or if they acted intentionally, if you were injured due to carbon monoxide poisoning while staying at a California hotel, you should discuss your potential claim with a personal injury lawyer. The damages you may be eligible to collect include:
- Medical expenses
- Lost wages
- Lost earning potential
- Pain and suffering
- Wrongful death
If you are unsure what damages you may be eligible to collect for your claim, contact a California personal injury lawyer who may be able to help.
Seek Help From a Carbon Monoxide Poisoning Injury Lawyer
When you stay at a hotel, you should never leave with injuries as a result of carbon monoxide poisoning. If you have suffered, you deserve to be compensated for your losses.
Attorney Eric Ratinoff of Eric Ratinoff Law Corp. offers outstanding legal representation for victims who have suffered from carbon monoxide poisoning. Our award-winning legal team will help build your claim and fight for you. To schedule a free consultation, give us a call at (916) 970-9100 or contact us here.