Utah Law Talk

The emergency rooms have been busy this winter season with numerous people being treated for carbon monoxide, or CO poisoning. According to KSL News, the number of reported carbon monoxide cases goes up as Utah’s temperatures go down.

One carbon monoxide victim, Jesse Searle, was poisoned when fumes from the snow plow he was driving in the Salt Lake County area seeped into his truck. He reported a headache, tiredness and then dizziness. He was found unconscious in his truck. His levels were quite high and he is now concerned about possible long-term effects. In Jesse’s case, if the leak was caused or allowed to happen by a government agency, then he probably has no legal recourse, except through the workers compensation system. If a third party’s negligence caused the leak to happen, such as a vehicle manufacturer, then he possibly could have a claim against them. He may wish to consult with a Utah personal injury attorney to find out what his remedies might be.

Then there is the party in Ogden where 34 people were poisoned by carbon monoxide. I still find it hard to believe that no one who attended the party that was held in someone’s garage, would be concerned to see a barbeque fired up in a closed garage. Certainly the injured persons could have claims on the homeowners insurance for the negligence of the chef or homeowner in allowing this to happen.

In most situations where someone is poisoned with carbon monoxide, it is because of someone’s negligence. If a landlord failed to have a furnace regularlly inspected, for example, and someone became poisoned because of this, then that landlord has potential liability for the poisoning happening.

Instead of having a legal claim, however, it is best to prevent from such poisoning from ever happening. Residents, whether renters or home owners, should always have a working and functioning CO detector in their house.

Ron Kramer is a Utah attorney who practices personal injury law exclusively and who has investigated and handled cases involving carbon monoxide poisoning.

Published by: Ron Kramer

This entry was posted on Tuesday, January 6th, 2009 at 1:55 pm and is filed under Carbon Monoxide Poisoning, Pedestrian Accidents, Personal Injury. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.