Can I Sue My Landlord for Carbon Monoxide Poisoning?
As a tenant, you trust that your landlord will provide you with a safe rental property – and in return, you pay them rent each month. If you have been injured by carbon monoxide or have lost a loved one from this poison, then you may have grounds for a personal injury lawsuit against your landlord.
Determining whether or not the landlord is liable comes down to a few things; therefore, it is important to get the facts regarding your case and even speak to a Boca Raton personal injury lawyer before assuming you have a lawsuit.
Property owner Tenant Laws
Property owners are responsible for any unsafe conditions on their properties that they knowingly leave and do not take measures to correct. But, they are only responsible for the general areas that they have control over.
On the other hand, the tenant is responsible for maintaining the safety conditions on the property, unless the property owner has specifically agreed to repair those conditions in the lease.
So, if your lease agreement states that you will be handling all maintenance and repairs during your rental term, then the landlord is not responsible for any issues that arise.
Must Read : 4 Important FAQs with Personal Injury Cases
When a Landlord Can be Liable for Carbon Monoxide Poisoning
If your carbon monoxide poisoning is the result of the landlord’s neglect to maintain a safe rental property, then they are liable for any injuries or deaths that are a direct result of that.
For example, the property owner failed to repair a furnace or knew there was an unsafe flue on their water-heating unit. These all make it clear the property owner had a legal responsibility to correct these unsafe issues before allowing a tenant to move in.
The same goes for a landlord that does not follow any city ordinances or uses unauthorized devices that could expose their tenants to carbon monoxide.
Shaky Ground
If an appliance malfunctions, but it is not something the landlord would be necessarily aware of, then it may be harder to prove your personal injury claim. Also, if the faulty device is your own property, such as a space heater, then this would not be the landlord's responsibility.
For example, the landlord had maintained the furnace and even performed regular tune-ups. The unit was working fine before you moved in. Then, while you were living in the home, the furnace malfunctioned and began leaking gas. This is not something the property owner would be aware of; therefore, they may not be considered “negligent” or liable for your injuries.
Contact a Personal Injury Attorney
Determining these types of cases can be complex. Contact the Boca Raton personal injury attorneys at Glotzer & Kobren today for a free consultation regarding your carbon monoxide case. We can help you determine if you have a valid claim and will aggressively pursue your right to compensation. Contact us now.
Also Read : Child Injured from a Shopping Cart: Can I Sue?
Determining whether or not the landlord is liable comes down to a few things; therefore, it is important to get the facts regarding your case and even speak to a Boca Raton personal injury lawyer before assuming you have a lawsuit.
Property owner Tenant Laws
Property owners are responsible for any unsafe conditions on their properties that they knowingly leave and do not take measures to correct. But, they are only responsible for the general areas that they have control over.
On the other hand, the tenant is responsible for maintaining the safety conditions on the property, unless the property owner has specifically agreed to repair those conditions in the lease.
So, if your lease agreement states that you will be handling all maintenance and repairs during your rental term, then the landlord is not responsible for any issues that arise.
Must Read : 4 Important FAQs with Personal Injury Cases
When a Landlord Can be Liable for Carbon Monoxide Poisoning
If your carbon monoxide poisoning is the result of the landlord’s neglect to maintain a safe rental property, then they are liable for any injuries or deaths that are a direct result of that.
For example, the property owner failed to repair a furnace or knew there was an unsafe flue on their water-heating unit. These all make it clear the property owner had a legal responsibility to correct these unsafe issues before allowing a tenant to move in.
The same goes for a landlord that does not follow any city ordinances or uses unauthorized devices that could expose their tenants to carbon monoxide.
Shaky Ground
If an appliance malfunctions, but it is not something the landlord would be necessarily aware of, then it may be harder to prove your personal injury claim. Also, if the faulty device is your own property, such as a space heater, then this would not be the landlord's responsibility.
For example, the landlord had maintained the furnace and even performed regular tune-ups. The unit was working fine before you moved in. Then, while you were living in the home, the furnace malfunctioned and began leaking gas. This is not something the property owner would be aware of; therefore, they may not be considered “negligent” or liable for your injuries.
Contact a Personal Injury Attorney
Determining these types of cases can be complex. Contact the Boca Raton personal injury attorneys at Glotzer & Kobren today for a free consultation regarding your carbon monoxide case. We can help you determine if you have a valid claim and will aggressively pursue your right to compensation. Contact us now.
Also Read : Child Injured from a Shopping Cart: Can I Sue?