Alaska Carbon Monoxide Poisoning Lawyers

Why is carbon monoxide so dangerous?

Carbon monoxide is an odorless, colorless gas. You cannot see it or smell it, so people often do not know they are being exposed.

Early symptoms include headache, dizziness, weakness, upset stomach, vomiting, chest pain, and confusion. Many people mistake them for the flu. People who are asleep can die before they ever feel sick.

Anyone can be poisoned. Infants, older adults, and people with heart disease, anemia, or breathing problems are at greater risk.

Common sources in Alaska homes and buildings

• Furnaces and boilers that are faulty or poorly vented.
• Water heaters, gas ranges, and space heaters.
• Blocked or damaged chimneys and flues.
• Portable generators run indoors or near windows.
• Vehicles left running in attached garages.
• Stoves, lanterns, and small engines in cabins and enclosed spaces.

Long heating seasons and tightly sealed buildings make these hazards a year-round concern in Alaska.

Injuries that can last

Serious exposure can cause brain injury, heart damage, and death. Some people seem to recover at first. Then, days or weeks later, they develop problems with memory, concentration, mood, or movement. Doctors call this delayed neurological injury.

These injuries can be hard to see and easy to dismiss. We work with treating doctors and specialists to document them.

Alaska's carbon monoxide alarm law

Alaska law requires carbon monoxide alarms in dwelling units that have a fuel-burning appliance, an attached garage or carport, or an adjacent parking space (AS 18.70.095). For rentals, the landlord must provide working alarms at the start of each tenancy. The landlord must repair or replace them after the tenant reports a problem. Id.

Who may be responsible for carbon monoxide poisoning?

• Landlords and property managers.
• Hotels, lodges, and other short-term rentals.
• Contractors who installed or serviced the heating equipment.
• Manufacturers of defective appliances, generators, or alarms.

What should you do after a carbon monoxide exposure?

• Get everyone into fresh air and call 911.
• Get medical care right away and ask to be tested for carbon monoxide. The test is most useful soon after exposure.
• Do not go back inside until the fire department says it is safe.
• Do not let anyone repair, remove, or throw away the appliance, vent, or alarm. It is key evidence.
• Take photos and write down the names of everyone who was there.

We move quickly to preserve the equipment and bring in experts to find out what went wrong.

Which Alaska rules affect an injury claim?

• Filing deadline. Most Alaska injury claims must be filed within two years (AS 09.10.070). Some claims follow different rules, so call early.
• Shared fault. If you share some of the fault, your recovery is reduced by your percentage. Partial fault does not bar the claim (AS 09.17.060).
• Damages caps. Alaska limits non-economic damages, such as pain and suffering, in most injury cases. The statute does not limit medical bills or lost earnings (AS 09.17.010).
• Fee shifting. The winning party in an Alaska lawsuit can usually recover part of its attorney's fees from the losing party (Alaska Civil Rule 82).

We handle most injury cases on a contingency fee. No attorney's fee unless we recover for you. Clients may be responsible for case costs, and under Alaska law a losing party may be ordered to pay part of the other side's attorney's fees and costs. See how our fees work and our guide to Alaska injury law basics.

Frequently asked questions

Sources

• AS 18.70.095 (carbon monoxide alarms).
• AS 09.10.070 (two-year limit for most injury claims).
• AS 09.17.060 (comparative fault).
• AS 09.17.010 (limits on non-economic damages).
• Alaska Civil Rule 82 (attorney's fees).

This page gives general information, not legal advice for your situation.