Landlord & Rental Carbon Monoxide Poisoning Claims in California
You should be safe in your home. Landlords have real duties to maintain the appliances and venting in a rental and to provide working carbon monoxide detectors where required. When a landlord ignores those duties and a tenant is poisoned, the landlord may be responsible.
A landlord’s responsibilities
Landlords are generally responsible for maintaining safe furnaces, water heaters, and other fuel-burning appliances and their venting, and for providing working CO detectors where the law requires. Ignoring a reported problem, deferring maintenance, or failing to provide a required detector can each make a landlord liable.
What the records often show
Maintenance and repair records, prior tenant complaints, inspection history, and the detector history often reveal that the landlord knew of a problem and failed to fix it. A furnace complaint that went ignored can be powerful evidence.
How we help
We preserve the appliance and venting, obtain the maintenance and detector records, and pursue the landlord. The review is free and confidential. Se habla español.
Frequently asked questions
My rental made me sick with carbon monoxide. Is my landlord responsible?
Possibly. If the landlord failed to maintain a safe appliance or venting, or to provide a required working detector, and that caused your exposure, it may be responsible. The maintenance records and complaints often show what the landlord knew.
California law — what people ask
How long do I have to file an injury claim in California?
Generally two years from the date you were hurt. If a government entity is involved — a city vehicle, a public road, a public hospital — you usually have to present a formal claim to that agency within roughly six months before you can sue at all, which catches people out far more often than the two-year date.
Can I still recover if I was partly at fault in California?
Yes. California uses pure comparative negligence, so your recovery is reduced by your percentage of fault rather than barred — even if your share turns out to be the larger one. There is no cutoff percentage that ends a claim here.
Does California cap what I can recover?
Not in an ordinary injury case. Medical-malpractice claims are the main exception, where non-economic damages are limited by a cap that steps up over time. For most claims — car crashes, falls, defective products — there is no statutory ceiling.
What if more than one person was responsible?
California splits the analysis: defendants can be jointly responsible for your economic losses such as medical bills and lost income, while non-economic damages like pain and suffering are apportioned to each defendant by its own share of fault.
The driver who hit me had no insurance. What now?
Your own uninsured or underinsured motorist coverage is usually the answer, and it commonly applies to hit-and-run collisions as well. Check every policy in the household, not only the one covering the car you were in.
Will the jury hear that my health insurance paid my bills?
Generally not. California follows the collateral source rule, so a wrongdoer does not get credit for insurance you paid for. How your medical damages are measured is a separate and often contested question.
Injury law in California
California injury law shapes your case in a few specific ways worth knowing early.
- Filing deadline: You generally have two years from the date of the injury to file — and only about six months to put a government entity on notice before you can sue.
- Fault: California follows pure comparative negligence, so you can still recover even if you were partly — or mostly — at fault, with your recovery reduced by your share of the blame.
- Damage caps: An ordinary California injury case has no cap on damages; medical-malpractice claims are the main exception.
- Uninsured drivers: California sets minimum auto-insurance limits and uninsured/underinsured-motorist rules that affect what coverage is available.
Related topics
California injury law
This is general information about California injury law, not legal advice. Every case is different.
Sickened by carbon monoxide that wasn't your fault?
A quick, confidential review can tell you where you stand — about two minutes, no cost, no obligation.