Legal Question in Product Liability in Minnesota
Carbon Monoxide poisoning
Is a plumbing company liable if they install a water heater improperly and the family who lives there has been exposed to carbon monoxide? Have there been any cases similiar to this? Where could I get additional information?
3 Answers from Attorneys
Carbon Monoxide
The case sounds more like a negligence case than a products liability case. If the compnay responsible for installing the heater did so negligently, then that would be how you would proceed.
If, on the other hand, the heater itself is designed improperly, then you may have a products liability case. Check with several attorney in your area who are trial lawyers. One important issue will be whether anyone inyour family has been damaged by the CO. If no then the case will probably not go very far. Good luck
Carbon Monoxide
I agree with everything that David has stated.
I'll just add that there is such a case pendingfor the wrongful death of Vitas Gerulatis, theformer tennis player, in NY.
Carbon Monoxide
The real issue in your claim would be the appropriate level of damages, and if anyone was actually harmed. If the installation is improper and there was an injury clearly they would be liable for damages.
If it was a flaw in the heater itself the primary issue would still be what injury was suffered. Certainly they must fix the installation problem, everything else would depend on if anyone was harmed by the CO.