Landlord Negligence and Toxic Gas Exposure: Seeking Justice for Renter Carbon Monoxide Poisoning

Every year, people get very sick, and some die, inside their rented homes, and they never see it coming. The cause is carbon monoxide, a deadly gas you cannot see, smell, or taste. If you rent a home or apartment in Kentucky, you have a right to a safe place to live.

Satterley & Kelley, PLLC’s premises liability lawyers represent people injured by negligent landlords, property managers, and others. If you or a loved one has been injured by carbon monoxide, we can help you pursue compensation for your losses. Call our Louisville office at (855) 385-9532 to learn more about your rights.

What Is Carbon Monoxide?

Carbon monoxide, or CO, is a poisonous gas that forms when fuels like gas, oil, wood, or coal do not burn completely. It has no color, no smell, and no taste, so it’s nearly impossible to notice on your own. Common home sources include charcoal grills, gas furnaces, water heaters, gas stoves, fireplaces, and portable generators, according to the Centers for Disease Control and Prevention (CDC).

Why Is Carbon Monoxide Dangerous?

When you inhale CO, it blocks oxygen from reaching your heart, brain, and organs, which can result in serious injuries and death. You can be poisoned while asleep and never wake up. The CDC states that every year in the US:

• More than 400 people are killed by accidental CO poisoning unrelated to fires
• More than 100,000 people go to hospital emergency departments
• More than 14,000 people are hospitalized

The most common warning signs are:

• Headache
• Dizziness or feeling faint
• Nausea or vomiting
• Chest pain or weakness
• Confusion or trouble thinking clearly

These symptoms can feel like the flu, but without the fever.

What Injuries Can Carbon Monoxide Cause?

They depend on the severity of carbon monoxide poisoning, according to the Harvard Medical School. For those with severe symptoms, as many as two of three people may suffer long-term complications, most commonly neurological problems. If symptoms are mild to moderate, as many as one in five can develop lasting neurological problems.

Neurological problems include the following:

• Personality changes
• Intellectual impairment
• Blindness
• Deafness

In pregnant women, CO poisoning can cause fetal distress, congenital disabilities, or fetal death.

What Causes Carbon Monoxide Leaks in Rental Homes?

Research across 17 states found that homes and apartments were the most common locations for CO injuries, causing nearly 40% of all cases.

Most CO leaks in rental homes involve equipment that is defective, old, broken, improperly installed, or poorly maintained. Problems include the following, according to the CDC:

• Gas furnaces or boilers that are not operating correctly
• Water heaters that are not properly vented
• Gas stoves or ovens with broken parts
• Fireplaces with blocked or damaged chimneys
• Portable generators or heaters used in enclosed spaces
• Cars or engines left running in an attached garage

In apartment buildings, a problem in one unit or in a shared heating system can put every tenant at risk because CO can travel through vents, walls, and hallways.

How Common are Carbon Monoxide Poisonings in Rental Properties?

In Kentucky, an average of 17 people are killed annually by accidental carbon monoxide poisoning, and it causes about 200 people to get treatment at hospital emergency departments annually, according to the state’s Cabinet for Health and Family Services.

Carbon monoxide poisoning in rental homes and apartment buildings is all too common:

• In December 2025, 10 people were hospitalized in Lexington after carbon monoxide built up at an apartment building under construction on Dorchester Place, reports WKYT. The Lexington Fire Department found the cause was a diesel heater that was not properly ventilated inside the work site
• Firefighters responded to the Signature Music Row apartment complex in Nashville in January after a resident fell ill and felt better only after stepping outside onto a balcony. WSMV states that testing showed carbon monoxide levels of 200 to 500 parts per million on some floors, far above the 0.5 to 5 ppm the EPA considers safe indoors. The entire building was evacuated, and crews had to force entry into some units to check on unconscious residents. Four people were transported to a local hospital, and two others went to a hospital on their own
• In December 2025, an 11-year-old boy died from carbon monoxide poisoning inside an apartment building in Regina, Canada, after a commercial boiler malfunctioned. The boy’s father was seriously injured. The CBC reports that a subsequent investigation found that another tenant’s CO detector had gone off hours earlier. When he reported it to maintenance staff, he was told to open a window and get a fan

These aren’t random, unpredictable accidents. They’re the result of mistakes people make or due to defective equipment.

Who Could Be Responsible When a Tenant Is Hurt?

When a renter gets sick or dies from CO poisoning, more than one party may share the blame:

• The landlord or property owner, for failing to maintain or fix broken appliances or heating systems, or for not providing working CO detectors
• A property management company, for ignoring safety complaints from tenants
• An HVAC or maintenance company, for negligent repair or maintenance work
• A gas utility company, for failing to find and fix a known problem
• An appliance manufacturer, if their product was dangerously defective

Many cases may involve multiple issues. As in the Canadian case above, a CO leak could come from defective heating equipment, and those responsible for maintaining the building don’t take it seriously.

What are the Applicable Kentucky Laws and My Legal Rights as a Tenant?

Kentucky law requires landlords to keep rental homes livable, free of hazardous conditions, and to have essential systems, such as heating, in good working order. 

Since 2011, Kentucky law has required CO detectors in newly constructed one and two-family dwellings, townhomes less than three stories, and apartment buildings with a fuel-burning appliance or an attached garage.

Kentucky negligence laws would apply to landlords and contractors who supply, maintain, or repair heating equipment or gas-burning appliances. Manufacturers, distributors, and sellers of defective equipment or appliances may be held liable under state product liability law.

What Legal Actions Can Injured Tenants Take?

If you or a family member was hurt by CO poisoning in a rental property, you may be able to file a legal claim for:

• Medical bills and hospital costs
• Lost wages if you missed work
• Pain and suffering
• Long-term care costs if you have lasting injuries

These claims fall under “premises liability” — the legal rule that property owners must keep their buildings safe for the people who live in and visit them. Depending on the evidence, product liability may also apply. If a family member dies, a wrongful death lawsuit may be an option.

Timing matters. Kentucky has a one-year statute of limitations, which is a legal deadline for filing claims. Waiting too long can result in your compensation claims being dismissed by a judge.

Speak With an Experienced Kentucky Premises Liability Lawyer

Satterley & Kelley, PLLC attorneys represent Kentucky residents who have been seriously hurt, and family members of those killed, because of someone else’s negligence. If you or a loved one has suffered from carbon monoxide poisoning in a rental property.

Schedule a free consultation to discuss your accident by calling our office at 502-589-5600 (toll-free at 855-385-9532). If it’s more convenient, you may complete our contact form.