Carbon Monoxide
Poisoning Claims FAQs

Symptoms from carbon monoxide poisoning can vary from headaches and nausea to death in more serious cases. A headache is the most common symptom, others can include:

• dizziness;
• nausea and vomiting;
• fatigue and confusion;
• stomach pain;
• shortness of breath or difficulty breathing;
• blurred vision.

Carbon monoxide has a half-life of approximately 4 hours at standard atmospheric pressure. Generally, therefore, most symptoms will resolve within 4 hours from the cessation of exposure and there are usually no long term consequences. The half-life can be reduced further with the use of oxygen therapy treatment, administered at hospital to patients presenting with symptoms of carbon monoxide poisoning.

Your landlord is under a duty to ensure:

• that all pipe work, appliances, and flues provided are safely installed and maintained;
• to conduct an annual safety check on each appliance and/or flue provided;
• to keep a record of each safety check for at least two years and issue a copy to you, either before you move in or as each check is completed;
• to use only CORGI registered installers.

There is no obligation on a landlord to provide carbon monoxide detectors.

As the tenant, you have a duty not to use an appliance you believe to be dangerous and to notify your landlord of any suspected problems.

If you do suffer carbon monoxide poisoning and want to make a claim for compensation, your landlord must usually have had actual notice of the defect i.e. you or a CORGI-registered inspector must have reported it to them.

As a general rule to make a claim for personal injury compensation in Scotland (as in England and Wales), you have 3 years from the date of the accident to pursue a claim. If the claim is not settled or Court Proceedings issued by the 3rd anniversary then your claim may be lost forever, or statute barred (out of time). There are, however, certain exceptions to this:

• In Scotland if the injured party is under the age of 16 at the time of the accident the 3 year time limit commences from the date the person turns 16, meaning a claim can be made until the age of 19. In England and Wales the age is 18 - meaning a claim can be made until the age of 21.
• If the person does not have the mental capacity either before or as a result of the accident, the 3 year time limit does not begin to run until they regain the capacity to bring a claim. Issues regarding capacity are complicated and we would be happy to speak to you in detail on this point.
• There are certain types of cases where a claimant may not be aware that they have suffered an illness or injury until some period of time later. For example, it may take more than 3 years for any symptoms to appear. In those types of situations, the time limit does not start to run until the date you are aware (or should have been aware) you have sustained an injury, such as being told about it by your doctor. As this is a complex subject, it is best to seek professional advice from your solicitor.
• If your case involves a claim under the Motor Insurers Bureau (MIB) Untraced Drivers Agreement, then you need to have the completed application form with the MIB by the third anniversary of the accident. However if your claim includes a claim for compensation for damage to property, then the application needs to be with the MIB within 9 months of the date of the accident, whether or not the claim includes personal injury as well.
• Injuries sustained as a result of a criminal act and where a claim is made to the Criminal Injuries Compensation Board (CICA claims), then a limitation period of 2 years applies. The same exceptions apply in relation to those under the age of 16 at the time of the injury and those lacking capacity. There may also be other exceptions where the consequence of the assault is not discovered until after the 2 year period has expired.
• Accidents that occur abroad will be the subject of a variety of different time limits, which can be as short as a year. The sooner you contact us the better, so we can identify the appropriate time limit and give you the best chance of successfully pursuing your claim.

The assessment of compensation, or damages, will depend on the duration and extent of the symptoms suffered. You are entitled to claim for any financial losses suffered as a result of your illness, including loss of earnings and the cost of medication.

NewLaw has a team of personal injury specialists, who are dedicated to getting the best results for clients that have suffered carbon monoxide poisoning.