Houston Carbon Monoxide Poisoning Lawyer
Fighting for Victims of a Silent but Deadly Hazard
Written and legally reviewed by Greg Baumgartner, Houston Personal Injury Attorney
Founder & Lead Trial Lawyer, Baumgartner Law Firm ยท 40+ Years of Trial Experience ยท Trial Lawyers College Graduate ยท AVVO 10/10 Rating
Last reviewed and updated: May 30, 2026.
Carbon monoxide is undetectable to humans. By the time you notice its effects, it may be too lateโserious injury or even death can occur. CO poisoning sends about 50,000 people to U.S. emergency rooms annually and kills hundreds. It remains preventable, yet it recurs: in apartments with ignored furnaces, workplaces without safety measures, during post-hurricane generator use, and in homes with failing detectors.
If you or a family member was sickened or killed by carbon monoxide exposure in Houston, you may have a legal claim against the person or company responsible. At Baumgartner Law Firm, Greg Baumgartner has spent more than 40 years representing Houstonians in serious personal injury and wrongful death cases โ including CO poisoning. Call us 24/7 at (281) 587-1111 for a free consultation. You pay nothing unless we win.
On This Page
- ย What Is Carbon Monoxide Poisoning?
- ย Symptoms: From Mild to Fatal
- ย Common Sources of CO in Houston Homes and Workplaces
- ย Houstonโs Unique CO Risk: Storms and Power Outages
- ย Who Can Be Held Responsible?
- ย What Compensation Can You Recover?
- ย How We Investigate and Build Your Case
- ย How Long Do You Have to File in Texas?
- ย Frequently Asked Questions
- ย Contact a Houston CO Poisoning Attorney Today
What Is Carbon Monoxide Poisoning?
Carbon monoxide (CO) is a colorless, odorless, tasteless gas produced whenever carbon-based fuel burns incompletely. Gasoline, natural gas, propane, wood, oil, and charcoal all produce CO when they combust. The gas is dangerous because the human body cannot detect it through any of the normal sensesโand because it acts quickly.
When inhaled, CO binds to hemoglobin about 200 times more tightly than oxygen. Your blood then carries CO, not oxygen, to your vital organs. The body begins to suffocate even while you breathe normally. According to the CDC, accidental CO poisoning causes about 50,000 ER visits, 4,000 hospitalizations, and over 400 deaths yearly in the U.S.
The legal significance of CO poisoning is this: in the vast majority of cases, someone was negligent. A landlord failed to maintain a furnace. A manufacturer installed a defective detector. An employer ran machinery in an unventilated space in violation of OSHA standards. A property owner ignored a known hazard. When that negligence injures or kills someone, the injured person โ or their family โ has the right to hold that party accountable.
Symptoms: From Mild to Fatal
One of the most insidious things about CO poisoning is that early symptoms mimic the flu โ headache, nausea, fatigue. Many people donโt realize whatโs happening until the symptoms escalate or until they lose consciousness. Worse, multiple people in the same building will typically become ill at the same time, which is one of the key warning signs.
Mild to moderate exposure
- Headache โ often described as throbbing or persistent, located at the front of the head
- Dizziness and lightheadedness
- Nausea and vomiting
- Shortness of breath, especially in physical exertion
- Fatigue and confusion
Severe exposure
- Chest pain and cardiac complications โ CO is particularly dangerous for people with existing heart conditions
- Vision problems and impaired coordination
- Loss of consciousness โ victims may be unable to escape the contaminated area.
- Traumatic brain injury โ CO starves the brain of oxygen, and even a survivor can be left with lasting cognitive, memory, and temperament changes
- Death โ often during sleep, when victims are unaware of any danger
If you or someone with you shows these symptoms and suspects CO exposure: get outside immediately, call 911, and do not re-enter the building. Seek emergency medical treatment even if you feel better in the fresh air โ CO damage is not always apparent without testing, and some effects, including neurological injury, can emerge days or weeks later.
Common Sources of CO in Houston Homes and Workplaces
Carbon monoxide is produced wherever fuel burns. Legally, identifying the source is important because it often reveals who is responsible. Common examples include:
Residential sources
- Gas furnaces and heating systems โ the most common source of residential CO poisoning, especially when burners are cracked, heat exchangers are damaged, or flues are blocked
- Gas water heaters โ particularly in apartments and older homes, where maintenance is deferred
- Gas stoves and ovens โ especially when used as supplemental heat, which they are not designed for
- Attached garages โ idling vehicles or running engines in an attached garage can fill a home with CO within minutes
- Portable generators โ a major cause of CO deaths during Houston power outages (see below)
- Fireplaces and chimneys โ blocked or improperly maintained flues prevent exhaust from escaping.
- Charcoal and propane grills โ extremely dangerous when used indoors or near open windows
Workplace sources
- Forklifts and warehouse equipment โ propane and gasoline-powered forklifts in enclosed warehouses are a well-documented cause of worker CO poisoning.
- Boiler rooms and mechanical rooms โ inadequate ventilation or aging equipment
- Construction sites โ generators, compressors, and welding equipment used in partially enclosed spaces
- Petrochemical and industrial facilities โ plants and refineries with combustion processes require rigorous monitoring.
- Boats and marine vessels โ exhaust from generators and engines in enclosed cabin spaces
Defective products
- Faulty CO detectors โ a detector that fails to alarm at dangerous levels may be the last line of defense that fails
- Defective appliances โ gas appliances with design flaws or manufacturing defects that cause incomplete combustion
- Keyless vehicles left running โ modern keyless-ignition cars can be inadvertently left running, filling garages and attached living spaces with exhaust
Houstonโs Unique CO Risk: Storms and Power Outages
Houston sits in one of the most hurricane-prone regions in the country, and power outages in this city are not rare events โ they are recurring crises. After Hurricane Beryl in July 2024, the Houston Fire Department responded to more than 200 carbon monoxide calls in a single 24-hour period, and at least two people in Harris County died from generator-related CO poisoning while trying to stay cool during the outage. The same pattern recurred after Hurricane Harvey, the 2021 winter storm, and multiple other weather events.
The problem is clear: when the power goes out, Houstonians reach for generators. When those generators are placed too close to a home โ or worse, inside a garage, carport, or enclosed porch โ deadly levels of CO can build up indoors within minutes. But proximity to a generator is not always the homeownerโs fault. Sometimes the negligence belongs to someone else:
- An apartment landlord who provided a generator or failed to post safety warnings
- A generator manufacturer whose product failed to include a CO shutoff sensor required by current safety standards
- A property manager who housed tenants in a building with inadequate ventilation or a malfunctioning HVAC system that worsened the crisis
- A contractor who installed ventilation or exhaust systems improperly
Post-storm CO poisoning claims are a distinct and important part of our practice. If you or your family were harmed during or after a Houston storm event, the circumstances of your case deserve a careful legal review โ not all of these incidents are simply accidents.
Who Can Be Held Responsible?
Finding the right defendants is essential in a CO poisoning case. More than one party could be liable, and missing any of them might reduce compensation.
Landlords and property owners
Texas premises liability law requires property owners to maintain their properties in a reasonably safe condition for tenants and guests. A landlord who ignores a malfunctioning furnace, fails to install working CO detectors, or rents out a unit with a blocked flue may be directly liable for any resulting injuries. This is one of the most common fact patterns in residential CO poisoning cases.
Employers
Employers have a legal obligation to protect workers from carbon monoxide exposure. OSHA sets a permissible exposure limit of 50 parts per million (ppm) over an 8-hour period. When an employer runs propane forklifts in an unventilated warehouse, fails to install CO monitoring equipment, or ignores worker complaints about symptoms, that employer may be liable for a workplace injury claim โ and potentially a separate third-party lawsuit if another party contributed to the hazard.
Product manufacturers
A CO detector that fails to alarm, an appliance with a design defect that causes abnormal CO output, or a generator without an automatic shutoff โ any of these can form the basis of a product liability claim against the manufacturer, distributor, or retailer. These cases require preserving the defective product for expert testing, which is another reason why calling an attorney quickly matters.
HVAC and maintenance contractors
A furnace technician who misses a cracked heat exchanger, or a contractor who installs venting incorrectly, may bear liability for the injuries that result. These cases often overlap with premises liability when the property owner hired the contractor โ the owner may also be responsible for making sure the work was done correctly.
Hotels, hospitals, and commercial properties
CO exposure in a commercial setting โ a hotel room, a hospital, an office building โ can give rise to a premises liability or negligence claim against the business or building owner. Commercial properties in Texas are held to the same duty of reasonable care.
โGetting qualified legal representation as soon as possible is an important part of protecting your rights after a carbon monoxide poisoning.โ
Personal injury lawyerย โ Greg Baumgartner
What Compensation Can You Recover?
Texas law allows CO poisoning victims to seek compensation for the full scope of their injuries. Depending on the severity of exposure and the lasting effects on your health and life, recoverable damages can include:
- Emergency medical care, hospitalization, and hyperbaric oxygen therapy
- Ongoing medical treatment for neurological, cardiac, or psychiatric effects of CO exposure
- Lost wages and diminished earning capacity โ if cognitive or physical effects prevent you from returning to your prior occupation
- Pain and suffering โ the physical distress caused by acute poisoning and its aftermath
- Mental anguish โ many survivors experience anxiety, depression, PTSD, and disposition changes after CO exposure
- Loss of enjoyment of life โ when neurological effects permanently limit what you can do
- Loss of consortium โ the impact on your marriage and close family relationships
- Punitive damages โ in cases of particularly reckless conduct, such as a landlord who was warned repeatedly about a dangerous furnace and did nothing
If the poisoning was fatal, the victimโs family may have a wrongful death claim under Texas law. Wrongful death damages include funeral and burial expenses, loss of financial support, loss of companionship, and the mental anguish of surviving family members. Greg Baumgartner has represented Houston families in wrongful death cases arising from CO poisoning and understands the burden of these cases in a way that goes beyond the legal.
How We Investigate and Build Your Case
Carbon monoxide cases require a specific kind of investigation. The physical evidence โ the appliance, the ventilation system, the detector โ is critical, and it can be repaired, replaced, or disposed of quickly after an incident. The moment you retain us, we work to:
- Send spoliation letters requiring the responsible parties to preserve all physical evidence.
- Retain industrial hygienists and CO forensic experts to inspect the property and identify the source, the concentration levels, and the likely duration of exposure.
- Preserve or obtain the defective product if a faulty appliance or detector is involved.
- Gather maintenance records, inspection logs, and prior complaints โ a paper trail that often shows the responsible party knew about the problem and ignored it.
- Obtain all medical records and work with specialists to document the full extent of neurological, cardiac, and psychological injuries.
- Interview witnesses โ neighbors, co-workers, emergency responders, and treating physicians
- Build a damages model that accounts for your full lifetime of medical needs, not just current bills.
We have handled fatal accident cases involving apartment landlords, employers, HVAC contractors, and product manufacturers. You can see some of our results on the case results page.
FREE CONSULTATIONS
How Long Do You Have to File in Texas?
Under Texas Civil Practice and Remedies Code ยง 16.003, you generally have two years from the date of injury to file a personal injury lawsuit in Texas. For wrongful death claims, the clock runs from the date of death.
Do not wait โ CO cases are time-sensitive for two reasons.
First, the two-year statute of limitations is a hard deadline โ miss it, and you lose your right to sue. Second, and more urgently: the physical evidence that proves your case can disappear fast. Landlords repair furnaces. Property managers replace detectors. Employers fix ventilation systems. The sooner an attorney gets involved, the more evidence can be preserved.
There are limited circumstances that can toll (pause) the statute of limitations, including cases pertaining to minors, instances where the injury was not immediately discovered, or situations where the responsible party concealed relevant facts. An attorney can review whether any of these apply to your situation.
Frequently Asked Questions
Can I sue my landlord for carbon monoxide poisoning?
Yes, if your landlordโs negligence caused your exposure. Landlords in Texas have a legal duty to maintain rental properties in a reasonably safe condition. If a faulty furnace, blocked flue, or missing CO detector caused your poisoning and your landlord knew โ or should have known โ about the hazard, you may have a strong premises liability claim. Document everything: your communications with the landlord, any maintenance requests, and all medical records.
What if the CO poisoning happened at work?
Workplace CO poisoning may give rise to both a workersโ compensation claim and a separate personal injury lawsuit against a third party (a contractor, equipment manufacturer, or building owner). Texas is one of the few states that does not require employers to carry workersโ comp, so the path to recovery varies. Our work injury attorneys evaluate all options โ workersโ comp typically covers medical bills and partial lost wages, but does not pay for pain and suffering, making a third-party lawsuit important in serious cases.
What if my CO detector did not go off?
If a CO detector failed to alarm at dangerous levels, you may have a product liability claim against the manufacturer. The Consumer Product Safety Commission has forced recalls of specific detector models due to design and manufacturing defects. Preserve the detector and do not discard it โ it may be the most important piece of evidence in your case.
My family was poisoned by a generator after a hurricane. Do we have a case?
Possibly, depending on the circumstances. If the generator was defective and lacked a required automatic CO shutoff, a product liability claim against the manufacturer may be available. If a landlord or property manager provided the generator without adequate warnings or housed you in a unit with inadequate ventilation, there may be a premises liability claim. Not every post-storm poisoning is a clean โaccident.โ It is worth a free consultation to evaluate whether negligence played a role.
What is the average settlement for a CO poisoning case in Texas?
There is no meaningful average โ the value of a CO poisoning case depends on the severity of your injuries, any permanent neurological or cardiac effects, your ability to work, your age, and how clearly liability can be established. Cases involving death or permanent brain injury have resulted in very large recoveries. Mild recoveries settle for much less. The only honest way to estimate your case value is a review of your specific facts with an experienced attorney.
Do I need a lawyer, or can I manage this myself?
CO poisoning claims โ especially those involving landlords, employers, or product manufacturers โ are vigorously defended by experienced insurance lawyers. Identifying the right defendants, preserving technical evidence, retaining forensic experts, and navigating Texas premises or product liability law are not simple tasks. An attorney who handles these cases regularly will almost always recover substantially more than an unrepresented claimant, and with our contingency fee structure, you pay nothing unless we win.
Contact a Houston Carbon Monoxide Poisoning Attorney Today
Carbon monoxide cases demand early action. Every day that passes is a day that evidence may be repaired, replaced, or lost. If you or a loved one was harmed โ or if you lost someone โ because of negligent CO exposure in Houston or anywhere in Southeast Texas, call us today.
Baumgartner Law Firm
6711 Cypress Creek Pkwy, Houston, Texas 77069
Phone: (281) 587-1111
Free consultation: Contact us online
Available 24/7. No fee unless we win your case.
We represent clients throughout Houston, Harris, Fort Bend, and Montgomery Counties, as well as surrounding Southeast Texas communities.
Related practice areas:
- Houston Wrongful Death Lawyer
- Houston Brain Injury Lawyer
- Houston Work Injury Lawyer
- Houston Product Liability Lawyer
- Houston Catastrophic Injury Attorney
- Houston Personal Injury Attorney
About Greg Baumgartner
Greg Baumgartner founded Baumgartner Law Firm in Houston in 1985. He holds dual law degrees, carries a perfect 10 AVVO rating, and is recognized as one of the best personal injury lawyers in Texas. A graduate of the Trial Lawyers College, he has recovered millions of dollars for accident and injury victims across the state and personally handles every carbon monoxide poisoning case at the firm.
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