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?


Asked on 9/23/97, 9:09 am

3 Answers from Attorneys

David Austin Burke & Eisner, P.A.

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

Read more
Answered on 9/23/97, 4:46 pm
Joseph D'Addario Law Offices of John J. Guadagno, P.C.

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.

Read more
Answered on 9/24/97, 8:12 am
John Fossum Lundblad, Fossum & Zrimsek, L.L.P.

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.

Read more
Answered on 9/25/97, 8:59 am


Related Questions & Answers

More Products Liability questions and answers in Minnesota