Minnesota Carbon Monoxide Death: St. Paul Man Killed in Carbon Monoxide Leak
A Saint Paul man has died from exposure to carbon monoxide in the Hamline-Midway area.
In an article in the Pioneer Press, the Fire Marshal stated that carbon monoxide was emitting from a boiler in the basement at 4,700 parts per million (35 ppm is a safe level). The man had been sleeping near the boiler.
There were five other people in the house and were treated in a hyperbaric chamber for carbon monoxide poisoning at Hennepin County Medical Center.
While a carbon monoxide detector was present in the house it did not sound an alarm until later, while police were inspecting the house. Firefighters were then called to the scene.
The boiler, from which the carbon monoxide was released, had not been serviced in quite some time. Because the alarm was not functioning, the deceased had no way of suspecting that the colorless, odorless gas was leaking from the boiler.
In a case such as this one, the surviving family members of the deceased could bring a wrongful death claim against the owners of the house if they were negligent in maintaining their boiler or a product liability claim against parties responsible for the product.
Carbon Monoxide Information
Carbon monoxide (CO) is an odorless, colorless gas that can cause illness and death by asphyxiation. Every year, over 200 people in the United States die from CO produced by fuel-burning appliances (furnaces, ranges, water heaters, room heaters). Others die from CO produced while burning charcoal inside a home, garage, vehicle or tent. Still others die from CO produced by cars left running in attached garages.
Carbon monoxide (CO) poisoning is the leading cause of fatal poisonings in the United States. It takes only a few minutes of exposure for high concentrations of carbon monoxide to cause death.
Some cases of carbon monoxide death are caused by a product that is defective because of how it was designed or manufactured.
Carbon Monoxide Claim against the Owner of Property
Under the doctrine of premises liability, owners of property are held responsible for injuries sustained while on the property. For example, if a landlord does not maintain a heating unit and the result is carbon monoxide poisoning, the landlord may be held liable. Premises liability covers all property owner, not just landlords. If your family member dies while at a summer camp, staying at a hotel, or staying at a friend’s house, you have the right to seek redress for your loss.
Carbon Monoxide Claim against a Manufacturer
In a Minnesota product liability lawsuit, an injured person alleges that the injuries were caused by a defective product. There are three types of product liability cases.
- Design Defect- If there is a design defect in a product, the product was manufactured correctly but the initial design was unsafe and resulted in an injury.
- Manufacturing Defect- Manufacturing Defects are when the product, although not inherently flawed, are manufactured incorrectly and result in a defective product.
- Failure to Warn or Instruct- If you are manufacturing or selling a good, you must provide proper instructions for the use of the product and the dangers associated with the product. Failure to warn or provide instructions for a product may leave the manufacturer, distributor and/or retailer liable for injuries caused by the product.
The origin of the defective product may be not automatically be the manufacturer. Product liability claims may be brought against the manufacturer, the wholesaler, the distributor and/or the retailer.
Minnesota Wrongful Death
In a Minnesota wrongful death case, the spouse and next of kin of the deceased can bring a claim against the parties responsible for the death.
Under Minnesota law, it is possible to recover damages for:
- Loss of advice
- Loss of care
- Loss of comfort
- Loss of companionship
- Funeral expenses
- Medical expenses
- Lost potential earnings
Minnesota Carbon Monoxide/ Wrongful Death Lawyer
If you or a family member has been sickened or killed by carbon monoxide, contact our law firm: 612-338-0202, 1-888-377-8900 (toll-free) or free case consultation form. Attorneys Fred Pritzker, Elliot Olsen and Eric Hageman have been named Minnesota “Super Lawyers” by Minnesota Law & Politics. In addition, Fred Pritzker has been named a “Top 40 Personal Injury Super Lawyer” and a “Top 100 Super Lawyer.”
