Carbon monoxide (CO) is a silent killer that comes from any motor that burns gas fuel. Exposure to this gas can lead to serious injuries and death. Carbon monoxide poisoning kills more than 400 people every year in the United States, and sends over 100,000 to the emergency room.

Due to their smaller sizes, multi-family homes and apartment complexes are particularly vulnerable, and lower concentrations of the gas can be lethal.

Landlords must follow state guidelines for installing carbon monoxide detectors and maintain their property regularly, including the furnace. Experienced Michigan premises liability lawyers can help you hold the at-fault party liable for your carbon monoxide injuries by bringing a claim on your behalf.

When is a Landlord Liable for Carbon Monoxide Poisoning from Furnaces?

If the tenant can prove that the landlord’s inaction contributed to or created the hazardous circumstance, a court may hold them liable for the injuries. A landlord may be held accountable by a court for carbon monoxide poisoning caused by furnaces in the following scenarios:

Failure To Conduct Emergency Repairs To The Furnace

According to Michigan law, landlords must maintain their rental properties and all common areas within the basic health and safety requirements dictated by law. Almost all courts also acknowledge an implied warranty of habitability in a lease agreement. There must be a minimum standard for rental properties so that tenants do not face unjustified risks. This warranty cannot be waived.

Health and safety requirements include regular maintenance of the rental properties’ ventilation and heating systems, including the furnace. If a tenant sees any symptoms of wear and tear on a combustible item, such as a furnace, they must notify the landlord as soon as possible. The landlord is then obligated to make necessary repairs. A landlord may be liable for the carbon monoxide poisoning of a tenant due to a poorly repaired furnace.

Improper Installation Of Carbon Monoxide Detectors

The state of Michigan requires the installation of carbon monoxide detectors in multifamily dwellings. A CO detector should be placed near the bedrooms, entryways to an attached garage, and rooms adjacent to a fuel-burning device.

If a detector fails to warn tenants of carbon monoxide poisoning, the landlord may be held liable if the tenants prove that the landlord installed the device recklessly and that the poor installation caused the poisoning. However, claiming negligence may be challenging since the person who installs the carbon monoxide detector per the manufacturer’s instructions is not responsible for its effectiveness, maintenance, and operation.

Violation Of The Lease Agreement

Your lease agreement may have an addendum indicating that the home must have working CO detectors. This ensures the installation of the carbon monoxide detectors is in accordance with state laws.

It can also require that tenants check their CO detector batteries twice a year and that there is no tampering with the detectors. A court may hold a landlord legally responsible for breach of contract if, despite the lease, the landlord does not install a carbon monoxide detector in the dwelling at all.

Tenant Rights and Protections Against Retaliation

If you let your landlord know about unsafe conditions or a problem with the furnace, they should take your request seriously. Michigan law prohibits retaliation against tenants for requesting repairs or complaining about the property’s habitability. A tenant may sue the landlord if the landlord attempts retaliatory acts such as forceful eviction within 90 days or the threat of force to compel them to leave.

Michigan tenants have robust legal protections against landlord retaliation when reporting unsafe conditions or requesting necessary repairs, including issues related to carbon monoxide safety. The Michigan Truth in Renting Act specifically outlines these protections:

  • Landlords cannot increase rent, decrease services, or threaten eviction in response to a tenant exercising their legal rights.
  • Tenants have the right to report code violations or unsafe conditions to appropriate government agencies without fear of reprisal.
  • If a tenant requests installation or maintenance of carbon monoxide detectors, the landlord cannot retaliate against them for this safety-related request.
  • Tenants who experience retaliation can seek legal remedies, including remaining in the property, terminating the lease without penalty, or pursuing damages in court.
  • The law presumes retaliation if negative actions are taken against a tenant within 90 days of the tenant exercising their rights, though landlords can deny and rebut.

For more detailed information on tenant rights and protections in Michigan, you can refer to the Michigan Legislature’s Landlord and Tenant Relationships Act.

Understanding Carbon Monoxide Poisoning

Carbon monoxide (CO) is a silent, odorless killer that can present serious health risks in homes and workplaces. Recognizing the symptoms of CO poisoning and knowing how to respond quickly can save your life. Common symptoms include headache, dizziness, weakness, nausea, vomiting, chest pain, and confusion. In severe cases, it can lead to loss of consciousness and death.

Common causes of carbon monoxide poisoning include:

  • Faulty or improperly maintained gas appliances (furnaces, water heaters, stoves)
  • Running vehicles in enclosed spaces (garages, carports)
  • Blocked chimneys or flues
  • Using gas-powered tools or equipment indoors without proper ventilation
  • Malfunctioning fuel-burning space heaters
  • Faulty or improperly used generators

If you suspect carbon monoxide exposure, take immediate action. Leave the area immediately and get to fresh air. Call 911 or seek emergency medical attention, especially if multiple people are experiencing symptoms. Stay away from the building until emergency responders have declared it safe. It’s crucial to have your home or workplace inspected and to identify and fix the source of the CO leak to prevent future incidents.

Michigan’s Requirements on Carbon Monoxide Detectors

As of January 1, 2020, the Michigan State Housing Development Authority (MSHDA) has implemented strict standards for carbon monoxide (CO) detectors in certain residential properties. CO detectors are required in ALL units with fuel-fired/burning appliances and/or an attached garage. Here are installation requirements per Michigan law:

Installation requirements:

For units with fuel-burning appliances or fireplaces:

  • Install outside each sleeping area in the immediate vicinity of the bedrooms.
  • On every occupiable level of the dwelling unit, including basements but excluding attics and crawl spaces.

For buildings with centrally located fuel-burning appliances or fireplaces:

  • Install within each dwelling unit as per the criteria above (outside each sleeping area, on every occupiable level, including basements but excluding attics and crawl spaces, and other required locations).
  • Exceptions apply for specific setups with approved central monitoring.

For units with attached garages:

  • Install as per the criteria above (outside each sleeping area, on every occupiable level, including basements but excluding attics and crawl spaces, and other required locations).

Within sleeping areas containing fuel-burning appliances or fireplaces:

  • Install Carbon Monoxide detection within these sleeping areas.

Hold Landlords Liable for Carbon Monoxide Poisoning Injuries and Deaths

Your landlord is responsible for maintaining the furnace and installing carbon monoxide detectors in your home. When a person dies or you are injured due to carbon monoxide poisoning, the physical anguish, the emotional distress, the funeral expenses, and the medical expenses can last a lifetime.

However, determining who is responsible for your or a loved one’s carbon monoxide exposure requires the knowledge of lawyers who specialize in these cases. Fieger Law’s premises liability attorneys can investigate your case and bring a claim for your carbon monoxide exposure.

We handle cases throughout Michigan and represent clients nationwide. Contact us today for a free initial consultation about your claim.

Originally published January 24, 2022.