Smoke detectors are everywhere for good reason. They’re mandated by law in most Virginia buildings because they significantly reduce the risk of property damage and death. While detectors designed to prevent fire are ubiquitous, there’s another risk that people may not realize — one that deserves the same level of attention as fires. Carbon monoxide poisoning kills hundreds of Americans annually and causes thousands of hospitalizations. It’s often called a silent killer. It’s both odorless and colorless, making it dangerous because it’s not easily noticeable. People are most susceptible when sleeping, but exposure can lead to injury or death, regardless of the time of day. While most states require carbon monoxide detectors in newly built homes, non-residential buildings are often exempt from the rule, which can lead to catastrophe.
Carbon monoxide binds to red blood cells, replacing much-needed oxygen with the gas. Even if someone survives exposure, the long-term effects can be life-changing. Brain damage, movement disorders, and memory problems can all develop after coming into contact with carbon monoxide. While the gas is naturally occurring, even small amounts of carbon monoxide can be damaging. The risk of carbon monoxide buildup is still present when outdoors, especially when using gas-burning grills and generators. Awareness of the potential hazard is key to reducing deaths, and many local, state, and federal organizations have pushed campaigns to educate the public about carbon monoxide.
Are Carbon Monoxide Monitors Required In Hotels?
As of 2023, 18 states require hotels to install carbon monoxide detectors, so detectors are not mandated in the majority of the U.S. The same applies to home rentals like Airbnb — not every state mandates carbon monoxide alarms. When you are traveling, you may not be protected from carbon monoxide poisoning. When abroad, the concern may be even more present, as regulations differ by country. In a recent tragic case, a 14-year-old was found dead at a Costa Rican hotel. The death was later attributed to carbon monoxide exposure. Some experts recommend traveling with a portable detector to ensure you’re aware of any danger.
Is a hotel liable for carbon monoxide poisoning? Hotels must exercise reasonable care for guests and take steps to shield them from harm. Suppose a hotel acts negligently, and the action leads to a carbon monoxide-related injury or death. In that case, they may be found liable in court, which can result in compensation for the injured party. For example, you may be able to sue a hotel with a faulty appliance that did not vent properly or detectors that do not work. It’s important to talk to an attorney after carbon monoxide exposure to explore your potential legal options.
Are Carbon Monoxide Alarms Required In Apartments?
In 2018, the Virginia state legislature passed a bill related to carbon monoxide alarms that changed the rules surrounding apartment alarms. Under Virginia Code § 55.1-1229 (E), a landlord must add a carbon monoxide alarm to a tenant’s dwelling if they submit a written request. The landlord has 90 days to fulfill the request and can charge the tenant a reasonable fee for the installation. The alarm must conform to the standards set by the Uniform Statewide Building Code. Similar to hotel operators, landlords must provide reasonable care to their tenants. If a landlord fails to comply with the law and carbon monoxide exposure occurs, they may be found liable.
How To Prevent Carbon Monoxide Poisoning
Thankfully, carbon monoxide poisoning is preventable, and there are steps you can take to lower the chances you will be affected. Educating yourself on effective ways to reduce risk will pay off in the long run and could eventually prevent a tragedy. Remembering the below checklist will provide peace of mind and, most importantly, help keep you and your loved ones safe.
Install Alarms: A common misconception is that carbon monoxide detectors are cost-prohibitive. In reality, you can find alarms for as little as $20, and they are often easy to install. An alarm is the most effective way to prevent poisoning, and portable detectors are small enough to take anywhere.
Know the Symptoms: Sometimes, the effects of carbon monoxide exposure are gradual. If you start to feel bad without any explanation — symptoms like dizziness, nausea, confusion, and blurred vision — see a medical provider immediately. You must leave the building and find fresh air if you suspect carbon monoxide poisoning.
Inspect Fuel-Burning Systems: Heating systems like furnaces produce carbon monoxide, but you should not be exposed if they’re functioning correctly. If something goes wrong, the result can be deadly. That is why it is important to have your appliances inspected regularly to ensure they’re vented correctly and operating as designed.
Be Cautious in Garages: You should never leave your car running in a garage attached to a home, especially if the door is closed. It is important to only turn on a vehicle in a well-ventilated area with airflow to avoid the risk of carbon monoxide exposure.
What Are Your Legal Options?
If you have suffered injuries due to carbon monoxide exposure, you may have grounds for a lawsuit. Carbon monoxide poisoning sometimes involves a negligent third party, and you could recover damages if this is the case. Many carbon monoxide cases fall under premises liability law, which holds property owners liable if someone is injured due to unsafe conditions and the risk of injury is foreseeable. A property owner may argue that they had no way of knowing about the risk of carbon monoxide poisoning, which is why it is essential to hire an experienced lawyer to handle your case.
If carbon monoxide causes the death of a loved one, you also have legal options. You can sue the property where the exposure occurred in a wrongful death lawsuit, which is a civil suit alleging that someone else’s negligence caused the death of your family member. A wrongful death settlement may include funds to cover funeral and burial costs, loss of earning capacity, emotional distress, loss of companionship, and more. Losing someone in a preventable manner can take a heavy mental toll. While nothing can undo the trauma of a loss, an attorney can take care of the details so you can fully focus on recovery.
Looking for a Virginia carbon monoxide lawyer? Curcio Law specializes in both premises liability and wrongful death cases, and our team understands that the aftermath of carbon monoxide poisoning can be devastating. We can advocate for you and help you hold the responsible parties accountable for your injuries. Contact us online or call or text 703-836-3366 for a free consultation.
Justin Curcio joined Curcio Law in January 2020. Justin received his J.D. from St. John’s University School of Law in 2015. After passing the Virginia Bar in 2015, Justin was in-house counsel for an insurance defense firm (Allstate/Esurance/Encompass) for over four years before joining Curcio Law. During law school, he worked for the Nassau County District Attorney’s Office and the law firm of Bartlett, McDonough & Monaghan, LLP. Contact Justin at jcurcio@curciolaw.com.
