Carbon Monoxide Poisoning Lawsuit Settlement Amounts in Texas

The most common defendants in Texas CO poisoning cases. Landlords are liable when they fail to maintain fuel-burning appliances (furnaces, boilers, water heaters), fail to install required CO detectors, or ignore tenant complaints about gas smells, headaches, or malfunctioning equipment. Texas Property Code Section 92.052 establishes their duty to maintain safe conditions. The $51 million Red Bird Trails verdict was against an apartment complex that knew about a corroded boiler vent and failed to repair it.

Hotels and short-term rental hosts owe a high duty of care to guests in Texas. CO poisoning from hotel room heating systems, pool heaters, or adjacent boiler rooms creates premises liability claims. Airbnb hosts who rent properties with fuel-burning appliances are subject to the same maintenance and detector requirements as traditional landlords. Texas has no statewide requirement for CO detectors in hotels, which creates significant liability when a guest is injured.

Manufacturers of furnaces, water heaters, gas stoves, portable generators, and space heaters can be held strictly liable under Texas product liability law if their product was defectively designed, manufactured, or lacked adequate warnings about CO risks. Product liability claims do not require proving negligence; you only need to show the product was defective and caused your injuries. These claims often carry higher policy limits than landlord insurance.

Third-party companies hired to install, maintain, or repair heating equipment can be liable for negligent work. If an HVAC technician failed to identify a cracked heat exchanger, improperly vented an appliance, or signed off on a faulty repair, they and their employer can be sued. In the Red Bird Trails case, the jury assigned 10% liability to a plumbing subcontractor who performed the boiler work that caused the CO leak.

Workers exposed to CO on the job, such as in warehouses, loading docks, restaurants, or construction sites, may have claims against their employer if the employer violated OSHA standards for CO exposure limits (50 ppm over 8 hours). While workers' compensation is typically the exclusive remedy for workplace injuries in Texas, employers who do not carry workers' comp (Texas is the only state where it is optional) can be sued directly for the full value of damages.

Contractors responsible for new construction or major renovations can be liable if design or construction defects cause CO buildup. Common issues include improper venting of fuel-burning appliances, inadequate ventilation in enclosed spaces, and failure to install code-required CO detectors. Texas building codes adopted at the local level require CO alarms in new residential construction with fuel-burning appliances or attached garages.

Go to the ER immediately. Request a carboxyhemoglobin (COHb) blood test, which measures the percentage of CO bound to your hemoglobin. Normal levels are below 3% for non-smokers. Levels above 10% confirm significant exposure. Levels above 25% indicate severe, life-threatening poisoning. COHb levels drop quickly once you are removed from the CO source, so getting tested within hours is critical. This test is the foundation of your medical evidence.

Leave the suspected source (furnace, water heater, boiler, generator, stove) untouched. Do not allow the landlord or anyone else to repair, replace, or remove the equipment before it is inspected by a qualified expert. If the property owner attempts to alter or destroy the equipment, document that attempt and notify your attorney immediately. Spoliation of evidence can result in adverse inference instructions at trial.

Fire departments have professional CO detection equipment and will measure CO levels throughout the property. Their official investigation report documents the source, concentration levels, and conditions at the scene. This report is powerful evidence in court. Request a copy of the full report for your records.

Photograph the equipment, the property condition, and any CO detectors (or the absence of detectors). Save all maintenance request records, text messages, emails, and letters to the landlord or property manager about equipment issues or health symptoms. Document whether CO detectors were present, properly installed, and had working batteries. Note the make, model, and age of all fuel-burning equipment.

Hire an HVAC expert to inspect the equipment and identify the mechanical cause of the CO leak (cracked heat exchanger, blocked flue, corroded vent pipe, improper installation). A toxicologist can connect your COHb levels and symptoms to the specific exposure duration and concentration. Expert testimony from both specialties is typically required in Texas CO poisoning trials.

Collect all ER records, hospitalization records, oxygen therapy records, and follow-up treatment documentation. Request brain imaging (MRI/CT) to document any neurological damage. Continue medical follow-up for at least 6 to 12 months because delayed neurological sequelae can appear weeks or months after exposure. Neuropsychological testing can document cognitive impairments that may not be visible on imaging but significantly affect your daily functioning and settlement value.

CO poisoning cases require specialized knowledge spanning premises liability, product liability, and toxic tort law. An experienced Texas attorney can identify all potentially liable parties, send spoliation preservation letters to prevent evidence destruction, retain the right experts, and navigate the 2-year statute of limitations with potential discovery rule extensions. Most Texas CO poisoning attorneys work on contingency with no upfront fees.