The Role of Negligence in New Mexico Carbon Monoxide Poisoning Cases

According to data from the U.S. Census Bureau, approximately one third of households in New Mexico are rented. When you rent your home, you expect the property owner to uphold lease obligations and follow safety codes. If property owners don’t address hazards, injuries such as carbon monoxide poisoning may threaten your life and well-being.

The trusted New Mexico attorneys at Carabin Shaw apply their expertise in carbon monoxide regulations to seek justice for poisoning injuries. Our team understands legal precedent, the role of negligence, and all possible legal actions. Consulting with a lawyer ensures the most thorough case assessment, but learning about carbon monoxide can also help you protect yourself from this silent danger.

Carbon monoxide is an invisible, odorless gas that fuel-burning appliances emit at unsafe levels when malfunctioning. The danger of features like stoves, water boilers, and fireplaces also increases when alarm or ventilation systems aren’t functioning up to par.

Because carbon monoxide poisoning most frequently occurs in the home, rental property owners are often responsible for these threats. However, depending on where the carbon monoxide exposure occurred, the following parties might also need to answer for injuries:

• Hotel management companies
• Employers
• Healthcare or residential home facility management
• School or daycare staff
• Owners or managers of assembly occupancies such as a churches, leisure centers, swimming pools, or amusement parks
• Manufacturers of faulty products

The state of New Mexico incorporates the 2015 International Fire Code (IFC), which includes some carbon monoxide safety measures. In addition, regulations at the local level may be stricter. An attorney can help you hold other parties liable if they fail to adhere to these requirements or violate contracts such as leases.

The term “negligence” refers to a failure of care. Legally, you must prove negligence in a personal injury lawsuit for carbon monoxide poisoning by showing the following:

• The defendant had a duty to protect the plaintiff from carbon monoxide hazards. For example, tenants in New Mexico have the right to habitable spaces with functioning carbon monoxide detectors.
• The defendant failed to act reasonably to fulfill their duty, resulting in a breach of duty. If a tenant reports a carbon monoxide hazard that a landlord fails to resolve, then that landlord might have breached their duty.
• The defendant’s actions are the cause of the plaintiff’s injuries. In other words, if a landlord had replaced a broken appliance, the tenant would have avoided injury.
• The plaintiff suffered evident damages, which might include medical bills or less tangible injuries such as pain and suffering.

Because each of these elements can be quite complex, seeking counsel from experienced carbon monoxide poisoning lawyers in New Mexico is highly beneficial for securing fair compensation.

• If you’ve suffered carbon monoxide-related injuries, your legal team will help you decide the best course of action. In many instances, going to trial is too expensive, time-consuming, or unlikely to yield the most favorable results. Instead, mediation or negotiation for an insurance settlement might better suit your needs.
• It’s also possible that you don’t have a valid claim for a personal injury lawsuit in New Mexico. For example, you might not be able to sue an employer who offers workers’ compensation for on-the-job poisoning injuries. Additionally, it can be difficult to prove damages without clear medical documentation or for milder injuries that may have multiple causes.

For a free initial consultation and case review at Carabin Shaw, call the toll-free number 800-862-1260. Our staff is available 24/7 to assist you in English or Spanish. No matter the course or the outcome for your case, Carabin Shaw’s client reviews demonstrate that our team shows up for clients every step of the way.