Carbon monoxide poisoning can become serious before you know what is happening. Symptoms can include headaches, dizziness, weakness, chest pain, vomiting or confusion. If your detector did not sound, you may wonder what went wrong. The device could have failed. The property might have lacked proper safety equipment. Someone could also have ignored a known problem.
In West Virginia, a claim may depend on where the exposure happened, how the alarm should have worked and what the records show.
When does the state require carbon monoxide alarms?
State law requires carbon monoxide alarms in certain places. These rules can apply to some new homes with fuel-burning heat or cooking sources. They may also apply to rental homes, apartment buildings, hotels, motels, long-term care facilities, schools and day care facilities.
Missing alarms could lead to misdemeanor penalties. However, West Virginia law says a violation of this alarm rule cannot be used as evidence of negligence in a civil lawsuit.
When might the alarm itself be defective?
The device itself may be the problem. It may have a poor design, a production error or unclear warnings. If one of these defects caused your injury, the manufacturer or seller may be held responsible.
A landlord or property owner could also be involved if the issue was maintenance, placement, replacement or ignored tenant complaints, instead of the alarm’s internal defect.
What evidence can help show what happened?
Preserve the device and all related documentation, including the receipt, manual and any recall notices. Additionally, gather supporting evidence such as photos of the installation site, maintenance requests, fire department reports and medical records.
Under the state’s modified comparative fault rule, you can recover damages as long as your percentage of fault is 50% or less (not greater than the combined fault of all other parties). If your fault reaches 51% or more, you are completely barred from recovery.
Act quickly after a carbon monoxide injury
West Virginia generally gives injured people two years to file a personal injury lawsuit. That deadline can matter because alarms, readings and maintenance records may disappear over time. Preserving evidence early can help you understand whether the injury involved a defective product, a property safety issue or both.
