Legal Question in Personal Injury in New York

I rented a car from Hertz and we drove from Washigton D.C. to New York, while driving we noticed a strange smell but we rolled down the windows and it was fine... later on when the windows were rolled up, my girlfriend and I started getting a headache, and she felt dizzy... She eventually fell asleep(which is Highly unusual for her to fall asleep during the day), and I noticed that I was dizzy too, I rolled down the windows and got some fresh air, but later on when my girlfriend had woken up she was telling me which directions to take, I felt very confused and couldn't concentrate on what she was saying or where we were going... Today I went to the hospital to get checked out and they noted that I was exposed to carbon monoxide... We believe the Car had a leak... do we have any legal grounds to sue? or to get a refund for the rental? Please help


Asked on 9/09/09, 2:47 pm

2 Answers from Attorneys

Certainly, you should report the circumstances to Hertz. Carbon monoxide poisoning, as everyone knows, can be deadly. If caught in time, however, there is usually no serious or permanent injury, unless there is some pre-existing condition, like heart, that can be adversely affected. I would think Hertz will work with you, if only to avoid litigation. If there is no serious injury, and Hertz is of no help, you might consider Small Claims Court. Best, MEZ

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Answered on 9/14/09, 4:30 pm
Antoinette Wooten The Wooten Legal Consulting, PC

It sounds like you may have a case. There is significant investigation that needs to be conducted first. It will be very important to find out what the extent of your injuries are. That is something that will develop over time as you receive treatment if your doctors deem it necessary. It may also be important to serve legal papers on Hertz as soon as possible so that the car can be examined by an expert to determine the cause, whether it was a maintenance problem or a manufacturing problem. You and your friend should consult in person with an attorney as soon as possible in order to determine if evidence needs to be preserved and examined. If you are interested in scheduling a consultation, please give us a call at 212-962-1031.

Patricia Martin-Gibbons

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Answered on 9/15/09, 10:53 am


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