Carbon monoxide is often called the “silent killer” because you cannot see it, smell it, or taste it. A faulty boiler, a poorly maintained gas appliance, or even a blocked chimney can lead to a dangerous leak. If you or someone you love has suffered from carbon monoxide poisoning because of another person’s negligence, you may have the right to sue for compensation.
This guide will explain in plain English how carbon monoxide poisoning claims work, who may be responsible, what evidence you need, and how much compensation you could receive.
What is Carbon Monoxide Poisoning?
Carbon monoxide (CO) is a poisonous gas that forms when fuels such as gas, coal, wood, or oil do not burn completely. Because it is colourless and odourless, you will not notice it building up in your home, workplace, or another enclosed space.
Breathing in too much carbon monoxide stops oxygen from reaching your body. This can cause symptoms that feel like the flu at first but can quickly become life-threatening.
Common symptoms include:
- Headaches and dizziness
- Feeling sick or vomiting
- Tiredness or weakness
- Confusion and memory problems
- Blurred vision
- Personality or mood changes
- Chest pain and breathing difficulties
- Loss of consciousness
In severe cases, carbon monoxide poisoning can cause brain damage, heart complications, or death.
Can You Sue for Carbon Monoxide Poisoning?
Yes, you may be able to sue if your carbon monoxide poisoning was caused by someone else’s negligence. To succeed in a claim, you usually need to show:
- Duty of care – that another person or organisation had a responsibility to keep you safe.
- Breach of duty – that they failed in that duty, such as not servicing a gas boiler properly.
- Causation – that their failure led to you being exposed to carbon monoxide.
- Damage – that you suffered illness, injury, or financial losses as a result.
The law recognises different duties of care depending on the circumstances, such as:
- Landlords must make sure gas appliances in rental properties are serviced and safe.
- Employers must protect workers from harmful substances under health and safety laws.
- Manufacturers must make sure products like gas cookers or CO alarms are safe.
- Local councils must maintain housing and public buildings in a safe condition.
If one of these parties failed in their legal duties and you suffered harm, you could bring a claim for compensation.
Who Could You Sue?
Depending on your situation, more than one person or organisation could be responsible. Here are the most common scenarios:
At Home
- Landlords are legally required to carry out annual gas safety checks, install carbon monoxide alarms where necessary, and provide an up-to-date gas safety certificate. If your landlord failed in these duties, you may sue them.
- Manufacturers could be liable if the poisoning was caused by a faulty boiler, heater, or CO alarm.
- Installers or service engineers may be at fault if they fitted or inspected an appliance incorrectly.
In a Rented Property
Landlords have strict duties under the Gas Safety (Installation and Use) Regulations 1998. If they did not comply with the law and you suffered poisoning, they could be held negligent.
At Work
Employers must provide a safe workplace under the Health and Safety at Work etc Act 1974 and the Control of Substances Hazardous to Health Regulations (COSHH). They should install ventilation, provide protective equipment if needed, and regularly check appliances. If your employer ignored these responsibilities, you could sue them.
In a Public Place
Under the Occupiers’ Liability Act 1957, businesses such as hotels, restaurants, or gyms must ensure their premises are safe for visitors. If you were exposed to carbon monoxide in a public building, the owner could be liable.
Against the Council
If you live in council housing or were exposed in a public building run by the local authority, you may sue the council if they failed to take reasonable steps to protect you.
Which Workers Are Most at Risk?
Some jobs involve a higher risk of carbon monoxide exposure, including:
- Mechanics working with vehicle exhausts
- Welders and metal workers
- Restaurant and kitchen staff using gas appliances
- Forklift truck operators in warehouses
- Firefighters and emergency responders
- People working in confined spaces without ventilation
If you work in one of these roles and developed carbon monoxide poisoning because your employer did not take proper precautions, you may be able to claim.
What Evidence Do You Need?
To bring a successful claim, you will need evidence to prove what happened and how it affected you. Useful evidence includes:
- Medical records confirming you were treated for carbon monoxide poisoning
- Gas safety certificates and inspection reports
- Photographs of faulty appliances or safety issues
- Witness statements from family, colleagues, or neighbours
- Expense records, such as travel, medical bills, or lost wages
- Diary or notes showing how the illness affected your daily life
The more evidence you can provide, the stronger your claim will be.
How Much Compensation Could You Get?
Compensation for carbon monoxide poisoning depends on how severe your illness was and how it affected your life. There are two main types:
- General damages – for pain, suffering, and loss of quality of life.
- Special damages – for financial losses such as medical costs, lost earnings, travel expenses, and long-term care.
Courts and solicitors use the Judicial College Guidelines to calculate compensation amounts. These are not fixed sums but give a range depending on the seriousness of your injuries. Examples include:
- £4,000 – £14,000 for moderate chest injuries caused by inhaling toxic fumes
- £12,000 – £34,000 for mild brain injury with good recovery
- £34,000 – £85,000 for moderate brain injuries affecting memory and concentration
- £224,000 – £322,000 for very severe brain injuries requiring full-time care
If your case involves long-term disability, reduced life expectancy, or the death of a loved one, the payout could be higher.
How Long Do You Have to Sue?
In the UK, the general time limit for bringing a personal injury claim is three years. This usually runs from:
- The date of the poisoning, or
- The date you first realised your symptoms were caused by carbon monoxide exposure.
There are exceptions:
- If the victim is a child, the three-year period starts on their 18th birthday.
- If the victim lacks mental capacity, there may be no time limit until they recover or a litigation friend acts on their behalf.
- If someone dies due to carbon monoxide poisoning, family members usually have three years from the date of death to bring a claim.
It is always best to seek advice as soon as possible so that evidence can be gathered quickly.
What Happens When You Sue?
Here’s a step-by-step overview of the claims process:
- Initial advice – you speak to a solicitor who checks whether you have a valid claim.
- Gathering evidence – medical records, inspection reports, and witness statements are collected.
- Letter of claim – your solicitor notifies the other party of your allegations.
- Response – the other side has up to three months to admit or deny liability.
- Negotiations – if liability is admitted, the parties usually agree on compensation without going to court.
- Court proceedings – if liability is denied or negotiations fail, your solicitor may issue court proceedings. Most claims settle before trial.
How to Protect Yourself and Your Family
While the focus of this article is on legal rights, it is important to remember that prevention is better than cure. You can reduce the risk of poisoning by:
- Installing a reliable carbon monoxide alarm and testing it regularly
- Having all gas appliances serviced once a year by a Gas Safe registered engineer
- Keeping chimneys and flues clear of blockages
- Never using a barbecue or portable gas heater indoors
- Ensuring proper ventilation in rooms with fuel-burning appliances
Final Thoughts
Suing for carbon monoxide poisoning is about more than just money. It is about holding those responsible to account and making sure others are not harmed in the same way.
If you suffered carbon monoxide poisoning because of a landlord, employer, manufacturer, or local council failing in their duties, you have the right to seek compensation. By gathering the right evidence, acting within the time limits, and understanding who may be liable, you can take steps towards justice and financial support for the harm you have suffered.