Florida Injury Lawyer Blawg
An 82-year-old Port St. Lucie woman died this week and her husband remains in the hospital after a car left running in the couple’s garage is suspected to have leaked carbon monoxide into the home, officials say.
Police were called out to the one-story home Sunday morning after a neighbor called to report she saw the woman’s 85-year-old husband on the floor inside, according to reporting from local news outlets. When first responders arrived, they said they found the man unconscious but still breathing.
Police found a car running in the couple’s garage that they believed to be the cause of the carbon monoxide leak. The woman did not survive and her husband remains in the hospital receiving treatment.
In a statement to local reporters, the Port St. Lucie Police Chief, Richard Del Toro, said the best protection against carbon monoxide leaks is to install alarms and detectors inside your home.
Numbers from the Center for Disease Control show that over 400 people die annually involving carbon monoxide poisoning. In 2022, the death toll had reached 1,244. About 624 of the deaths for that year were accidental while 511 of those deaths involved carbon monoxide but the gas was not listed as the official cause of death.
Leesfield & Partners
Leesfield & Partners is one of the country’s leading carbon monoxide personal injury law firms in the United States. Ira H. Leesfield, the firm’s Founder and Managing Partner, was an integral part of passing Senate Bill 1822, which outlines regulations for carbon monoxide and smoke detectors in public lodgings.
One such case involved that of an Iowa family staying at a Key West hotel. In that instance, the hotel where the family was staying failed to bring in a licensed technician to inspect and or properly repair its boiler room roof vent, which had been damaged during Hurricane Wilma in 2005. Luckily, the family was able to call for emergency services before losing consciousness as a result of breathing in the gas. The case garnered national attention when, six days after the incident with the family, a man and his father also passed out in the same room from carbon monoxide poisoning.
Leesfield & Partners attorneys were able to prove that, because of the damage and the hotel’s failure to address it, carbon monoxide was being funneled back into the boiler room and to nearby rooms occupied by guests. In that case, Leesfield & Partners was able to secure a $1,400.000 settlement for the family.
Another case handled by the law firm includes that of a couple exposed to the odorless gas while on vacation overseas. Attorneys were able to secure an eight-figure settlement for the couple in just nine months, putting Leesfield & Partners among one of the leading carbon monoxide law firms in the United States.
Building a Claim
In May, Mr. Leesfield and Evan Robinson, Founder and Managing Partner and Trial Lawyer at Leesfield & Partners, respectively, penned an article together calling carbon monoxide poisoning “A Silent Danger.” In the article, the two discussed the dangers of breathing in the odorless, colorless gas and how to go about building a personal injury claim against a hotel or other form of public accommodations. Among the most important steps toward building a claim is preserving any potential evidence.
While building such a claim in injury and or wrongful death cases can be emotionally taxing for family members and loved ones, it is a crucial step for attorneys forming a case. Evidence of any kind, including police and medical reports, maintenance and inspection records, and building plans should be preserved. Perhaps the most important pieces of evidence in carbon monoxide poisoning cases include ambient air readings which can be obtained from the local fire department that responded to the call, carboxyhemoglobin levels to assess the amount of carbon monoxide present in a victim’s blood, and neuroimaging results to show the extent of the damage to the victim from unknowingly breathing in the gas.
Attorneys should then retain an expert witness with experience handling carbon monoxide exposure such as HVAC and plumbing experts, mechanical engineers and medical professionals who can attest to the effect exposure has had on the client. This important step should not be overlooked as it can establish a link between the injuries of a client and the exposure they suffered.
Safety Tips
- Install a carbon monoxide detector on every floor of your home.
- Do not to use a portable generator in enclosed spaces like a garage. All portable generators should be used in well-ventilated areas and be kept away from doors, windows and vents.
- Keep air ducts and ventilators clean and unobstructed to maintain proper ventilation.
- Appliances such as dryers, water heaters, and gas stoves should be inspected by a professional annually. Things that you should be checking for include ensuring the appliances are properly vented and are free from rust or corrosion.
