Your Personal Injury Legal Rights Concerning Carbon Monoxide Poisoning and Landlord Liability
If a tenant suffers carbon monoxide poisoning in their rental unit, the landlord may be held liable for damages. Here, the personal injury attorneys at The Law Offices of Peter Angelos detail your personal injury legal rights if you suffer carbon monoxide poisoning.
Who is Responsible for Property Upkeep?
While rules may vary depending on the rental complex or the stipulations outlined in a lease, the landlord is typically responsible for the general upkeep of the property and for damages sustained in common and shared areas. In turn, the tenant is financially responsible for damages sustained inside of their respective apartment, such as damaged walls or carpeting. A security deposit ensures that damages caused by the tenant during the term of their lease are covered by the tenant financially.
When is the Landlord Liable for Carbon Monoxide Accidents?
Carbon monoxide is often considered a “silent killer” due to its toxic yet odorless nature. If a tenant experiences carbon monoxide poisoning in their rental property, they may be entitled to file a personal injury lawsuit against their landlord. Example scenarios where there are legitimate grounds for filing a lawsuit include acts of negligence or failure to carry out landlord responsibilities.
For instance, if a landlord handled a maintenance request in a negligent manner, including the failure to properly fix a broken stove, the tenant has a legitimate reason to file a lawsuit if the act of negligence results in a carbon monoxide leak. In addition, if the landlord failed to carry out a condition of the lease, such as proper maintenance upkeep, and their failure to maintain the property resulted in a carbon monoxide leak, the affected tenant would then have grounds to file a personal injury lawsuit.
Are Landlords Legally Required to Install Carbon Monoxide Detectors?
While carbon monoxide detector requirements vary from state to state, Maryland law requires carbon monoxide detectors to be installed in all bedrooms of apartments and rental units. This requirement, which also mandates all carbon monoxide detectors must have a ten-year battery with a seal, was passed on April 1st, 2018 by Maryland’s General Assembly. It is recommended to landlords to install combination alarms in their rental property, which can detect both smoke and carbon monoxide.
Consult a Personal Injury Attorney at The Law Offices of Peter Angelos
Carbon monoxide is a deadly gas that is both odorless and colorless, therefore acting as a danger to individuals unaware that there is a carbon monoxide leak in their apartment or rental unit. It is the responsibility of a landlord to ensure their tenants are safe and that each rental unit is properly maintained, inspected and up-to-code. If you are a tenant in an apartment complex or rental unit and experienced carbon monoxide poisoning, do not hesitate to consult the team of personal injury attorneys at The Law Offices of Peter Angelos today.