Carbon monoxide poisoning lawyer Nashville​

Carbon monoxide is odorless, colorless, tasteless, and lethal at the right level of exposure. The risk is well documented, and the parties responsible for the equipment, detectors, buildings, and worksites where exposure happens have a legal duty to take reasonable precautions. When they don’t, you may be entitled to pursue compensation for your injuries.

If you or someone in your family was exposed to carbon monoxide in Nashville, Murfreesboro, Smyrna, or anywhere in Middle Tennessee, a carbon monoxide poisoning lawyer can help you understand whether you have a case and what to do next.

Call Weir & Kestner Injury Lawyers at (615) 220-4180 to schedule a free consultation.

Why work with Weir & Kestner

Weir & Kestner Injury Lawyers was founded in 2012 by Joe Weir and Tony Kestner, two Middle Tennessee attorneys representing injury victims across Nashville, Murfreesboro, Smyrna, and the surrounding communities. Carbon monoxide cases sit in a specific corner of personal injury law involving product liability, premises liability, and sometimes workplace exposure. A few things that matter when families are choosing legal representation:

• You talk to an attorney during intake, not just a case manager. Every qualified potential client has a real conversation with a Weir & Kestner lawyer before any decisions are made.
• We come to you when an injury makes coming to us difficult. Home and hospital appointments are available, and contracts can be signed digitally.
• Communication is built into the case and not something you have to chase. Our standard practice is to update clients regularly, even during stretches when there’s no new development.
• Recognized by the National Trial Lawyers Top 100, with memberships in the Tennessee Bar Association and the Rutherford County Bar Association.
• Flexible scheduling that works around your treatment and recovery rather than the other way around.

Carbon monoxide claims often turn on how the insurance carrier reads the medical records and the inspection reports. Our background on the defense side helps us anticipate which evidence carriers focus on, and we build cases with that in mind.

Case results

$180,000 settlement: Carbon monoxide poisoning case in Sevier County, Tennessee involving a Gatlinburg rental cabin with failed CO detectors and prior incidents that had been reported to the local fire department but never disclosed to guests. Multiple defendants, two years of litigation in Sevier County Circuit Court coordinated alongside federal actions filed by co-plaintiffs.

Past results do not guarantee future outcomes. Each case is evaluated on its individual facts.

Client testimonials

Recent reviews from Weir & Kestner clients:

What makes carbon monoxide leaks dangerous

One of the things that makes carbon monoxide so dangerous is how difficult it is to detect. A small leak can have a family breathing low levels of CO for days or weeks before anyone notices, while a larger acute exposure can produce serious symptoms within minutes. Common sources of carbon monoxide exposure include:

• Malfunctioning furnaces and water heaters
• Clogged or improperly vented chimneys
• Gas cooking appliances that aren’t burning cleanly
• Gas clothes dryers with venting problems
• Vehicle exhaust in attached garages or enclosed spaces
• Generators run in or near a building during a power outage

This isn’t an exhaustive list, but it shows how routine household and workplace equipment can become a source of serious injury.

Carbon monoxide is dangerous because it binds to hemoglobin in the blood far more readily than oxygen does. As CO accumulates, the blood loses its ability to carry oxygen to the brain and other organs. Prolonged exposure can cause ischemic or anoxic brain injury, leading to lasting cognitive and neurological deficits, organ damage, or death.

Nashville resources for carbon monoxide prevention

The Tennessee Department of Health tracks carbon monoxide exposures across the state and runs the Get Alarmed, Tennessee! program, which provides free smoke and carbon monoxide alarms to qualifying households. Combination smoke and CO alarms are required in some residential buildings under Tenn. Code Ann. § 68-120-103.

If you suspect a CO leak in your home, get everyone out, call 911 from outside, and don’t go back in until the utility company or fire department confirms the air is safe.

Carbon monoxide symptoms and treatment

Carbon monoxide poisoning symptoms vary depending on the exposure level and duration. The most common include:

• Headache
• Dizziness
• Nausea
• Flu-like symptoms
• Rapid breathing
• Chest pain
• Personality changes
• Loss of coordination

The most concerning symptoms involve breathing, heart rhythm, and neurological function (confusion, mood swings, personality changes, or loss of coordination). If you or someone with you is experiencing these symptoms in a setting where CO exposure is possible, call 911.

Treatment options in Nashville

The first treatment step is getting away from the source. Once exposure has stopped, emergency providers typically administer 100% oxygen through a mask, which helps the body clear CO faster. For more severe exposures or patients with neurological symptoms, hyperbaric oxygen therapy (HBOT) may be recommended. Several Nashville-area facilities, including Vanderbilt University Medical Center, offer hyperbaric medicine programs.

Who is liable for carbon monoxide poisoning?

Identifying liability in carbon monoxide cases can be complicated because exposures often involve more than one responsible party. When investigating a CO claim, we look at:

• Landlords and property owners
• Property management companies
• Appliance manufacturers (furnaces, water heaters, generators, and other gas appliances)
• Carbon monoxide and smoke detector manufacturers
• HVAC contractors and maintenance companies
• Home inspectors
• Employers in workplace exposure cases

The question is often layered: did the furnace malfunction because of a manufacturing defect, a maintenance failure, both, or neither? And separately, was a working CO detector even in place to warn the family? One incident can produce claims against multiple parties.

Proving negligence in a Tennessee carbon monoxide case

To prove negligence in Tennessee, four elements have to be established:

1. Duty of care. The defendant owed a legal duty to the injured person. A landlord owes tenants a duty to maintain the property in a reasonably safe condition under Tennessee’s landlord-tenant law. A manufacturer owes consumers a duty to produce a reasonably safe product. An HVAC contractor owes its clients a duty of professional competence.
2. Breach. The defendant failed to meet that duty.
3. Causation. The breach directly caused the carbon monoxide exposure.
4. Damages. The injured person suffered measurable harm.

Tennessee applies modified comparative fault. Fault can be apportioned among multiple defendants and the plaintiff. As long as the plaintiff’s own fault is less than 50%, they can recover damages reduced by their percentage of fault. At 50% or more, recovery is barred.

Types of compensation in a carbon monoxide poisoning case

Carbon monoxide injuries can affect health, work, and daily life for years. When a CO claim succeeds, the available compensation typically includes:

• Past and future medical expenses
• Lost wages and lost earning capacity
• Pain and suffering
• Emotional distress and loss of enjoyment of life
• Out-of-pocket costs related to the injury
• Property damage, where applicable

When a family member dies from carbon monoxide exposure, two separate claims can apply under Tennessee law. A wrongful death action under Tenn. Code Ann. § 20-5-106 compensates the surviving family for losses caused by the death. A survival action continues any personal injury claim the deceased had before passing, including pre-death medical bills and pain and suffering. Both can sometimes be pursued in the same lawsuit.

Tennessee’s statute of limitations for personal injury claims

Tennessee’s statute of limitations for personal injury claims is one year from the date of injury under Tenn. Code Ann. § 28-3-104.

Carbon monoxide cases sometimes involve delayed discovery, since the symptoms can be mistaken for flu, chronic fatigue, or other conditions for weeks or months before the true cause is identified. Tennessee’s discovery rule can extend the deadline in those cases, but the analysis depends on when the injury was or should have been discovered with reasonable diligence.

One year is short. Most CO cases require medical workup, expert review, source investigation, and damages evaluation before a viable claim can be presented, so waiting even a few months to call a lawyer can shrink the window meaningfully.

Talk to a Nashville carbon monoxide poisoning lawyer today

The injuries from carbon monoxide poisoning can last a lifetime. Missed work, medical bills, ongoing treatment, and the cognitive effects of brain injury can add up quickly. If a landlord, manufacturer, contractor, or other party’s negligence caused or contributed to the exposure, Tennessee law allows you to pursue compensation for those losses.

Weir & Kestner handles carbon monoxide poisoning cases on a contingency fee basis. You don’t pay attorney’s fees upfront, and our fee comes out of any recovery. Separate costs may apply.

Call (615) 220-4180 or contact us online to schedule a free consultation.

Frequently asked questions about Nashville carbon monoxide poisoning cases

What should I do if I think I’m being poisoned by carbon monoxide?

Get out of the building and into fresh air. Call 911 from outside. Don’t go back in until the fire department or utility company confirms the air is safe. Even if you start feeling better away from the source, get evaluated at an emergency room. Some carbon monoxide injuries don’t show up clearly until days or weeks later.

How much does a carbon monoxide poisoning lawyer cost?

Weir & Kestner handles these cases on a contingency fee basis, which means you don’t pay attorney’s fees upfront. Our fee comes out of any recovery if the case is successful. Separate costs may apply. The initial consultation is free.

How do I know if I have a case for carbon monoxide poisoning?

You may have a case if another party’s negligence caused or contributed to the exposure. Common scenarios include a landlord who failed to maintain a furnace, a manufacturer that produced a defective appliance or detector, a maintenance company that did substandard work, or an employer that allowed unsafe workplace conditions. A free consultation is the fastest way to find out whether the facts support a claim.

What if I was partially at fault for the leak?

Tennessee applies modified comparative fault under McIntyre v. Balentine. You can still recover damages as long as your share of fault is less than 50%. Your recovery would be reduced by your percentage of fault. For example, if you’re found 20% at fault, your damages would be reduced by 20%. At 50% or more, recovery is barred entirely.

How long do these cases take?

Most personal injury cases resolve within one to two years. Carbon monoxide cases involving multiple defendants, product liability claims, or extensive medical workups can take longer. We usually have a clearer timeline after the initial investigation and once we understand the full scope of the injuries.