Carbon Monoxide Poisoning Claims

Carbon monoxide (CO) is a colourless and odourless gas produced by the incomplete combustion of fuels such as gasoline, natural gas, propane, and wood. Exposure to high levels of carbon monoxide can cause serious health problems, including headaches, dizziness, nausea, confusion, and even death.

Carbon monoxide poisoning is often referred to as the silent killer, as the gas presents no obvious signs of smell or taste. As such, the dangerous substance can be inhaled over a prolonged period without knowing and can cause significant damage to a person’s health.

If you have suffered from CO poisoning at home, at work or in a public environment, you may be able to make a claim for personal injury compensation. An experienced solicitor would be pleased to discuss your case during a free, no-obligation consultation, where they will offer advice and guidelines on the likely outcome of your claim.

If you believe you have a valid carbon monoxide poisoning claim, call 0800 470 0474 or use our online claim form to arrange your free consultation with a legal adviser. If your case has merit, they will offer you a 100% no win no fee* service, so there will be no risk to you in pursuing compensation.

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Table of Contents

• What is carbon monoxide?
• What is carbon monoxide poisoning?
• Am I eligible to make a claim for carbon monoxide poisoning?
• Common causes of CO poisoning
• Who could be liable to pay me compensation for carbon monoxide poisoning?
  • Your employer
  • The local council
  • A product manufacturer
  • The owner of a private business
  • Your landlord or another party
• Claims for fatal CO poisoning
  • Financial dependency claim
  • Loss of service claim
  • Funeral expenses and financial losses
  • Bereavement damages
• How much compensation will I be awarded?
• What is the time limit to start a carbon monoxide poisoning claim?
• Your solicitor will provide a 100% No Win, No Fee service

What is carbon monoxide?

Carbon monoxide (CO) is a gas that has no colour, odour or taste and is formed by the incomplete combustion of materials that contain carbon, such as gasoline, natural gas, propane, coal, and wood. When inhaled, it is highly toxic to humans and animals and can cause serious health problems, including headaches, dizziness, nausea, confusion, and even death.

Carbon monoxide is often called the silent killer because it can be difficult to detect without specialised equipment. Its symptoms can be similar to those of other illnesses, such as the flu or food poisoning. It binds to haemoglobin in the blood, preventing oxygen from being carried to the body’s tissues, which can lead to tissue damage and organ failure.

The gas can be produced by a variety of sources, including car exhaust, gas furnaces, gas stoves, fireplaces, and portable generators. It is crucial to take precautions to prevent carbon monoxide exposure, such as installing carbon monoxide detectors in your home, ensuring that appliances are properly ventilated, and avoiding the use of charcoal grills or generators inside enclosed spaces.

If you suspect that you or someone else is experiencing symptoms of CO poisoning, it is essential to seek medical attention immediately and to move to a location with fresh air. If your exposure to the gas was due to someone else’s negligence, you might be entitled to carbon monoxide poisoning compensation.

What is carbon monoxide poisoning?

Carbon monoxide is a poisonous gas that can be lethal to those who inhale it and is especially dangerous as it has no smell or taste and so can go easily undetected. Breathing in this gas can make a person feel very ill, lose consciousness and can even be fatal. According to statistics from the government, around 4,000 people go to A&E each year with suspected CO poisoning, of which 200 are hospitalised. Furthermore, the condition leads to an average of 50 deaths each year.

The severity of symptoms and the speed at which they occur depend on several factors, including the level and duration of exposure to carbon monoxide. Some of the most common symptoms associated with carbon monoxide poisoning include:

• Headaches
• Abdominal or chest pains
• Clumsiness
• Loss of coordination
• Shortness of breath or difficulty breathing
• Nausea or vomiting
• Confusion
• Dizziness or feeling lightheaded
• Loss of consciousness
• Lethargy and tiredness
• Cherry-red skin colour or a cherry-red tint to the lips

In the case of severe carbon monoxide poisoning, people can also experience convulsions, collapse and even coma. Prolonged exposure to CO gas can have long-term health effects, such as:

• Cognitive impairment: CO poisoning can cause damage to the brain, leading to problems with memory, concentration, and other cognitive functions. That can make it difficult to perform daily tasks and affect a person’s ability to work or engage in social activities.
• Neurological problems: carbon monoxide can damage the nervous system, leading to problems with coordination, balance, and muscle control. That can cause difficulty with movement and balance and increase the risk of falls and accidents.
• Cardiovascular problems: the gas can damage the heart and blood vessels, leading to an increased risk of heart disease and stroke.
• Emotional and psychological problems: CO poisoning can cause changes in mood and behaviour, including depression, anxiety, and irritability. These changes can be long-lasting and affect a person’s quality of life.

Am I eligible to make a claim for carbon monoxide poisoning?

Whether or not you are eligible to make a carbon monoxide poisoning claim depends on the circumstances surrounding your accident. In general, you may be eligible for compensation if you can demonstrate that:

• Your carbon monoxide poisoning was due to someone else’s negligence, such as a landlord failing to maintain appliances or an employer not providing a safe working environment;
• The poisoning caused you to suffer physical or psychological harm;
• The incident occurred within the past three years or within the relevant time limit that might apply to your case.

The easiest way to find out whether you have grounds to claim compensation for carbon monoxide poisoning is through a free consultation with a legal adviser. If your case has merit, they will help you assess and prove liability and the severity of your injuries. Several types of evidence can support a carbon monoxide poisoning claim, including:

• Medical records: These records can help to establish the extent and severity of the poisoning and link it to the symptoms and long-term health effects you experienced.
• Test results: Tests for carbon monoxide levels in the blood or air in the affected location can provide concrete evidence of the presence of carbon monoxide and its source.
• Witness statements: Statements from witnesses who were present during the incident can help establish the facts surrounding the poisoning, including the source of the carbon monoxide and who was responsible.
• Expert testimony: Expert testimony from doctors, engineers, or other relevant professionals can help prove liability and causation.
• Photos and videos: Photos or videos of the scene or the faulty appliance that caused the poisoning can serve as visual evidence to support the claim.
• Your notes: You should keep a diary of how the CO poisoning has affected your work and personal life, together with evidence of all your related financial losses, such as receipts, invoices and pay slips.
• Customer reports: If your injury was due to a defective product and others have suffered from the same issue, their reports could help support your compensation claim.

Once you have all the required evidence and your case is ready, your solicitor will contact the other side and inform them of your intentions to seek carbon monoxide poisoning compensation. If they admit liability, you can begin to negotiate a settlement. Otherwise, your solicitor will help you take legal action and argue your case before a judge.

Use the claim assessment form below to find out if you could be entitled to make a claim for carbon monoxide poisoning.

Common causes of CO poisoning

CO poisoning can be due to several different factors, but some of the most common causes include:

• Faulty gas appliances: CO can leak from gas boilers, ovens, and other gas appliances if they are not properly installed, maintained, or repaired.
• Blocked flues or chimneys: If the flue or chimney for a gas appliance becomes blocked, CO can build up in the room.
• Poor ventilation: Carbon monoxide can build up in a room if there is not enough ventilation, particularly in rooms that contain gas appliances or fires.
• Exhaust fumes: CO can enter a car or other enclosed space if the exhaust fumes are not properly vented.
• Barbecues and generators used indoors or in enclosed spaces can produce high levels of carbon monoxide.
• Fires: CO can be produced by fires that are not vented correctly, particularly if the fire is burning solid fuel such as wood or coal.

To reduce the risk of carbon monoxide poisoning, some steps you can take are:

• Have your gas appliances serviced annually by a Gas Safe registered engineer. If you are renting, your landlord should take care of this for you;
• Purchase and install a carbon monoxide alarm in your home, making sure to follow the manufacturer’s instructions for maintenance and replacement;
• Do not cook food inside using a barbecue or gas cylinder cooker;
• Make sure your gas appliances are properly vented;
• Schedule annual chimney checks or cleaning to prevent CO build-up from debris;
• Do not use a generator inside the home, including in the basement or garage;
• Do not burn charcoal indoors, and avoid smoking inside your home.

If you suffered from CO poisoning due to another party’s negligence or wrongdoing, you might be able to make a carbon monoxide poisoning claim. To find out if you are entitled to compensation, call 0800 470 0474 or enter your details into our online claim form for a free consultation with a legal adviser.

Who could be liable to pay me compensation for carbon monoxide poisoning?

Employers, manufacturers, and owners of public spaces have a legal obligation to maintain safe and hazard-free properties for all visitors. If your solicitor can demonstrate that your CO poisoning resulted from someone else’s fault, they may be liable to pay you compensation for carbon monoxide poisoning. Depending on your circumstances, the liable party could be:

Your employer

All employers are legally required to provide a safe workplace for their staff. If an employee suffers from carbon monoxide poisoning in the workplace, the employer can be held liable. Some of the duties of employers to prevent CO poisoning include:

• Conducting regular maintenance and inspections of any gas or fossil-fuel-burning equipment, such as boilers, heaters, and ovens, to ensure they are working safely and not emitting dangerous levels of carbon monoxide;
• Providing appropriate personal protective equipment (PPE) to workers who may be exposed to carbon monoxide, such as respirators or masks;
• Ensuring that any enclosed spaces where carbon monoxide may be present, such as garages or boiler rooms, are adequately ventilated to prevent a build-up of gas;
• Training employees on the risks associated with carbon monoxide exposure and how to safely operate any equipment or tools that may produce it;
• Posting warning signs or labels near areas where carbon monoxide may be present to alert employees and visitors to the potential danger.

If you suffered an injury due to a breach of your employer’s duties, you might be able to start a carbon monoxide poisoning claim against them.

The local council

Local councils are responsible for ensuring that any buildings under their management are safe for employers, occupants and visitors, such as offices and council housing. That includes ensuring that gas appliances and heating systems are installed and maintained safely to prevent CO poisoning. If you were exposed to carbon monoxide in a property under the management of the local council as a result of their negligence, you may be entitled to compensation.

A product manufacturer

Product manufacturers can be held liable for carbon monoxide poisoning if their products, such as boilers or heaters, are defective or not properly designed, installed, or maintained and, as a result, cause harm to consumers.

Under the Consumer Protection Act 1987, you could make a carbon monoxide poisoning claim against the manufacturer, distributor, or seller of the product. To make a successful claim, the claimant must prove that the product was defective, that the defect has caused harm or injury, and that the product was being used in its intended or foreseeable way.

The owner of a private business

Owners of any public building you might attend who do not maintain their legal duty to make adequate risk assessments and safety provisions against carbon monoxide may also be liable to pay compensation in case of CO poisoning. Under the Occupiers’ Liability Act 1957, an occupier of premises has a duty of care to ensure that visitors are reasonably safe from harm. Some of the steps that an occupier can take to meet this duty include:

• Regularly checking all fuel-burning appliances and ensuring they are appropriately maintained;
• Installing and maintaining carbon monoxide detectors throughout the premises;
• Providing adequate ventilation in areas where fuel-burning appliances are used;
• Ensuring that all employees and visitors are aware of the risks of carbon monoxide poisoning and how to prevent it;
• Taking prompt action to address any reported issues related to carbon monoxide, such as the presence of fumes or malfunctioning appliances.

Failing to take reasonable steps to prevent carbon monoxide poisoning can result in legal liability for a business owner if a customer or visitor is harmed as a result.

Your landlord or another party

If you suffered from carbon monoxide poisoning within your home, you may still be able to claim compensation if the responsibility for the illness lies with another party. Examples of some of the previous claims that we have worked with include:

• Faulty appliances that led to carbon monoxide leaks;
• Safety inspectors who overlooked carbon monoxide vulnerabilities within the home;
• A defective carbon monoxide reader or alarm that you relied upon to provide protection;
• Landlords or housing associations who acted negligently by not maintaining adequate safety assessment.

Claims for fatal CO poisoning

If you lost a loved one due to someone else’s negligence, you may still be entitled to compensation for carbon monoxide poisoning. Under the Fatal Accidents Act 1976, you may be compensated for the wrongful death of a family member in several ways, including:

Financial dependency claim

A financial dependency claim could be made by the dependants of someone killed in a CO poisoning incident if they relied on their income. Financial dependency claims consider the loss of wages of the deceased, as well as other alternative sources of income, such as lost pensions, bonuses, share schemes and investments.

Loss of service claim

A loss of services dependency claim is designed to compensate for the loss of services the deceased provided to their family, such as childcare, housekeeping, or other duties. The claim will take into account the age of the deceased and the level of support they provided to their family members.

To make a loss of services dependency claim, you will need to provide evidence of the deceased’s contributions to the family, such as receipts for childcare services, housekeeping services, or other expenses incurred as a result of their death.

Funeral expenses and financial losses

Under the Fatal Accidents Act, you can also recover the funeral expenses you incurred, as long as they are reasonable, such as the cost of a memorial, the headstone, wreaths and the cost of transporting the body to the final resting place. On the other hand, you may not be able to recover expenditures like the cost of probate or funeral clothes.

Past financial losses can only be claimed under the Law Reform (Miscellaneous Provisions) Act 1934 and cover any out-of-pocket expenses incurred between the date of CO poisoning and the date of death. These could include lost earnings, care costs and medical expenses for treatments and interventions.

Bereavement damages

Some dependents, including spouses, parents and civil partners, could also claim bereavement damages for losing their loved one. Under UK law, there is only one bereavement award of £15,120 which must be equally divided between the eligible claimants and aims to compensate for the grief and suffering caused by the wrongful death.

If you lost a loved one due to a CO poisoning incident caused by someone else’s negligence, a personal injury solicitor could help you seek compensation for your losses. You can enter your details in our online claim form to receive a free consultation with a legal adviser and discuss your case, with no obligation to proceed with a claim.

How much compensation will I be awarded?

Each claim will be reviewed independently to offer a realistic estimate of the amount of carbon monoxide poisoning compensation you will likely be awarded. Solicitors need to do this as the severity of your specific symptoms and their impact on your life will determine how much compensation you are entitled to.

To prove the detrimental effect that your condition has had on your daily life, your solicitors will work closely with you to gather as much evidence as possible to build a strong case.

During your free initial consultation, the solicitor will use their extensive experience in handling similar cases to provide you with a realistic estimate of the compensation you might be entitled to receive. In this consultation, they will gather information about your case and understand how the condition has impacted your life. Based on this evaluation, the solicitor will be able to offer you a reliable guideline of the potential compensation amount if your carbon monoxide poisoning claim is successful.

In every personal injury claim, you are entitled to recover two types of damages:

Special damages cover the actual financial losses that you have incurred as a result of CO poisoning. Some examples include:

• Medical bills for private hospital visits, treatments, surgeries, or medications
• Loss of earnings or income due to time off work or reduced working hours
• Cost of care or assistance required as a result of the injury
• Transportation expenses to and from medical appointments
• Cost of adapting your home or vehicle to accommodate your injury or disability

General damages cover the non-financial losses that you suffered as a result of your injury. These losses are often more difficult to quantify than special damages because they are not directly tied to financial costs or expenses but rather to the pain, suffering, and emotional distress you have experienced. Some examples of general damages may include:

• Physical pain and suffering
• Emotional distress, such as anxiety, depression, or post-traumatic stress disorder (PTSD)
• Loss of enjoyment of life or inability to participate in activities that were previously enjoyed
• Loss of consortium, which refers to the impact of the injury or illness on your relationships with your spouse or family members
• Inability to pursue certain career or personal goals due to the injury or illness

The compensation awarded for general damages can vary widely depending on the severity and impact of the injury or illness. According to the guidelines offered by the Judicial College, you could receive the following:

• £4,240 to £14,320 for mild chest injuries caused by CO inhalation, with no significant lung damage
• £1,760 to £10,180 for a mild brain injury with full recovery within several weeks
• £14,380 to £40,410 for brain injuries that may cause ongoing concentration or memory issues
• £85,150 to £174,620 for more severe brain injuries with a risk of epilepsy and moderate damage to intellect that affect the claimant’s ability to work
• £174,620 to £322,060 for very severe brain injuries resulting in permanent disability and varying degrees of dependence on others

What is the time limit to start a carbon monoxide poisoning claim?

The time limit to start a claim is usually within three years from the date of the incident that caused the CO poisoning or from the date of knowledge of the illness. The date of knowledge is when you first became aware that your illness or injury was due to exposure to carbon monoxide because of someone else’s negligence.

If you do not start a CO poisoning claim within the time limit, you may lose your right to claim compensation. That is because your claim may be considered statute-barred under the Limitations Act 1980, meaning you are no longer entitled to pursue legal action. The court can use its discretion to override the three-year limitation period when it is fair and reasonable to do so, but this is something reserved for exceptional circumstances.

It is, therefore, crucial to seek legal advice as soon as possible if you believe you may have a carbon monoxide poisoning claim. That will ensure you do not miss any deadlines and makes it easier for your solicitor to gather evidence and prepare a strong case.

There are several exceptions to the limitation period under the Limitations Act:

• If the injured person is a child, the three-year time limit does not begin until they are 18 years old. Before that, a parent or another suitable adult could claim on their behalf anytime.
• If the claimant lacks the mental capacity to handle a claim, a litigation friend could seek carbon monoxide poisoning on their behalf. In this case, there is no time limit to make a claim, and the three years would only start to run if the injured person regains their mental capacity.
• If you lost a loved one due to CO poisoning, you could start a compensation claim within three years from the date of death. Alternatively, the time could start to run from when a post-mortem exam confirmed the cause of death.
• For accidents abroad, the limit could vary considerably from country to country and could be much shorter than three years.

Your solicitor will provide a 100% No Win, No Fee service

Personal injury lawyers understand that one of the primary concerns for claimants is the cost of legal fees when seeking carbon monoxide poisoning compensation. They also recognise that it is unfair for clients to suffer additional financial losses when pursuing a claim for an injury or illness that was not their fault. To address this, they offer a 100% no win no fee service, meaning that:

• You do not have to pay any upfront fees to receive legal representation
• You will not be required to pay any legal fees if your case is unsuccessful
• You only pay a success fee to your solicitor if your carbon monoxide claim is successful

The success fee aims to compensate your solicitor for the risk they took by offering you a no win no fee agreement, meaning they will not be able to recoup their costs in the event of a loss. The success fee is agreed upon from the beginning and cannot exceed 25% of your compensation for past financial losses and general damages.

As part of your no win no fee claim, your solicitor will also ensure you are protected against paying legal fees and disbursements if your case fails. They will achieve this by taking out an After the Event (ATE) policy on your behalf, which is a legal expenses insurance which covers:

• The other side’s solicitor fees
• Court and counsel fees
• Police and medical reports
• Barrister fees if a case goes to court
• Paralegal and staff time
• Travel expenses related to the case
• Costs of printing and copying

If you believe you have a valid carbon monoxide poisoning claim, call 0800 470 0474 or fill in our online claim form to receive a free consultation with a legal adviser. They can let you know if you are eligible for compensation and answer any questions you may have about the claims process.

Last edited on 15th Jul 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.