Carbon monoxide (CO) is often referred to as the “silent killer” because it’s completely colorless, odorless, and tasteless—making it virtually impossible to detect without a working alarm. It forms when fuels like natural gas, oil, wood, or coal burn incompletely, which can happen in common household appliances like furnaces, water heaters, or stoves.
According to the CDC, more than 400 Americans die each year from accidental carbon monoxide poisoning, and thousands more are hospitalized with serious, sometimes permanent, health complications.
Carbon Monoxide Injuries Are a Serious Risk in NYC
While carbon monoxide exposure is dangerous anywhere, New York City residents face unique risks. Aging infrastructure, shared ventilation systems in multi-family buildings, illegal conversions, and poorly maintained heating systems in rental properties can all increase the chances of a leak.
In many cases, these incidents are completely preventable—caused by a landlord’s failure to install detectors, property owners ignoring maintenance responsibilities, or product manufacturers putting defective appliances on the market.
At Hecht, Kleeger & Damashek, P.C., our New York City personal injury attorneys have successfully represented individuals and families harmed by toxic exposure. We understand that these cases often involve life-changing injuries or the tragic loss of a loved one. Here, our experienced attorneys will explain how to protect your household, recognize legal liability, and what to do if you or someone you care about is exposed.
If you believe your carbon monoxide injury was caused by someone else’s negligence, you may have the right to seek compensation for your damages and losses, and HKD is here to guide you. Call (212) 490-5700 today for a free, no-risk evaluation.
What Is Carbon Monoxide Poisoning?
Carbon monoxide poisoning occurs when a person inhales excessive amounts of carbon monoxide (CO)—a toxic, odorless gas released by the incomplete burning of fuels like natural gas, oil, wood, propane, or gasoline. Once inhaled, CO prevents oxygen from reaching vital organs, potentially leading to brain damage, cardiac arrest, or death within minutes.
In New York City, common sources include gas stoves, boilers, space heaters, fireplaces, and vehicles left running in attached garages. The risk is particularly high in multi-unit buildings with poor ventilation, outdated heating systems, or blocked vents.
These dangers are especially prevalent during colder months when heating systems are used more frequently. Because CO is undetectable without an alarm, early detection is crucial.
Symptoms of Carbon Monoxide Poisoning
Recognizing the symptoms of carbon monoxide poisoning is critical to preventing severe injury or death. Because the signs often mimic the flu or other common illnesses, many cases go unnoticed until it’s too late. Common symptoms include:
- Headache
- Nausea or vomiting
- Dizziness or light-headedness
- Chest pain or shortness of breath
- Fatigue or weakness
- Confusion or difficulty concentrating
- Loss of consciousness (in severe exposures)
If you or a loved one experiences these symptoms—especially in combination or within a poorly ventilated space—seek emergency medical attention immediately and contact the local fire department. Prompt action can save lives and support any future legal claim tied to carbon monoxide exposure.
How to Prevent Carbon Monoxide Exposure in NYC Apartments & Homes
Many carbon monoxide incidents are entirely preventable with the right equipment and proactive maintenance—yet each year, residents suffer serious injuries due to overlooked risks or negligent property management. The following tips can help reduce your risk of carbon monoxide exposure at home:
- Install UL-listed carbon monoxide detectors on every level of your home, especially outside sleeping areas. Interconnected alarms are ideal, as they trigger all units when one detects danger.
- Replace detectors every 5 to 10 years depending on the manufacturer’s instructions. Detectors lose sensitivity over time and may stop functioning without warning.
- Test alarms monthly and replace batteries as recommended—usually twice per year.
- Never run gasoline-powered generators, grills, or space heaters indoors or in enclosed areas like garages, even with windows open. These appliances produce high levels of CO quickly.
- After snowstorms or heavy winds, check outdoor vents and flues for blockages. Blocked ventilation can cause carbon monoxide to back up into the home.
- Schedule annual inspections of all fuel-burning appliances, including boilers, furnaces, and water heaters. Licensed technicians can identify leaks or improper ventilation before they become dangerous.
Carbon Monoxide Detectors Required by Law in NY
According to FDNY safety guidelines and New York City law, landlords are required to install and maintain carbon monoxide detectors in all residential units. However, not all property owners follow these regulations—and tenants may not always be aware that detectors are outdated, missing, or non-functional.
If your building lacks a working carbon monoxide alarm, or if you’ve been exposed due to a property owner’s failure to maintain safe conditions, you may have grounds for legal action, and you should speak with a qualified New York City carbon monoxide injury lawyer ASAP.
Who Is Liable for Carbon Monoxide Exposure in NY?
When carbon monoxide poisoning occurs due to unsafe conditions or defective equipment, one or more parties may be legally responsible. Victims and their families may be entitled to file a carbon monoxide poisoning lawsuit to recover compensation for medical bills, lost wages, and pain and suffering.
Below are the primary types of legal liability in carbon monoxide exposure cases:
Premises Liability for Carbon Monoxide Poisoning
Under New York premises liability law, landlords and property owners have a legal duty to provide a safe living environment. This includes complying with the NYC Housing Maintenance Code, which requires the installation and maintenance of carbon monoxide detectors in residential units.
If a NYC landlord fails to install alarms, ignores malfunctioning detectors, or neglects ventilation systems, and a tenant is harmed as a result, the landlord may be held liable.
Read:
- Apartment Fires in NYC: When Are Landlords Negligent or Liable?
- Suing Negligent Landlords & Property Owners in NYC
- 6 Steps for Filing a Premises Liability Claim Against a Landlord in New York
Hotels, Airbnb, & Vacation Rentals
Hotels, short-term rentals, and vacation properties are also subject to a duty of care to protect guests from foreseeable harm. Unfortunately, many lodging properties either lack carbon monoxide alarms or fail to test them regularly.
If a guest suffers CO poisoning because of a missing or defective detector, poor ventilation, or improperly maintained appliances, the property owner or operator may be held responsible. These cases may involve both premises liability and commercial negligence.
Product Liability for Faulty CO2 Detectors & HVAC
When a defective appliance or malfunctioning carbon monoxide detector contributes to an injury, the manufacturer, distributor, or retailer may be held liable under product liability law. This includes faulty HVAC systems, improperly designed stoves or boilers, or detectors that fail to alert residents in time.
Victims can pursue compensation from manufacturers for design defects, manufacturing flaws, or inadequate warnings. These cases may require expert testimony and technical investigation.
Fatal CO2 Incidents & Wrongful Death Claims
If carbon monoxide poisoning results in the loss of life, surviving family members may pursue a wrongful death lawsuit under New York law. These claims seek damages for funeral expenses, loss of financial support, emotional suffering, and loss of companionship. A wrongful death claim can be filed against a negligent landlord, business owner, or product manufacturer, depending on the circumstances.
Holding the responsible party accountable not only delivers justice but can also help prevent future tragedies involving wrongful death from carbon monoxide.
Speak to an Experienced NYC Carbon Monoxide Injury Lawyer
Carbon monoxide cases are complex and often involve multiple layers of liability—from negligent landlords and property owners to manufacturers of defective detectors or appliances.
At Hecht, Kleeger & Damashek, P.C., our legal team has the knowledge, resources, and experience to investigate the root cause of carbon monoxide exposure, whether it’s a building code violation, a lack of required safety equipment, or a dangerous product.
We work with industry experts, engineers, and forensic specialists to gather critical evidence, including inspection reports, detector data, and fire department findings. Our attorneys are skilled at proving liability in cases involving premises negligence, unsafe living conditions, and product failures, building strong claims for compensation, and holding the right party accountable.
Schedule a Free Consult with Our NYC Injury Lawyers
If you or someone you love has suffered due to carbon monoxide poisoning, you don’t have to navigate the legal process alone. Contact Hecht, Kleeger & Damashek, P.C. for a free, no-obligation consultation. We handle all cases on a contingency basis—you don’t pay unless we win. Call us at (212) 490-5700 to get started.