Carbon Monoxide Poisoning in Georgia Rental Properties

Published Read 4 min read

On this page

Carbon monoxide has no odor or color, and MedlinePlus lists heating systems, stoves, and gas ranges among its sources. When a tenant is harmed by it in a rented home, two Georgia landlord statutes frame the claim: the landlord’s duty to keep the premises in repair, with a statutory promise of habitability for leases entered into or renewed on or after July 1, 2024, and the rule that preserves a landlord’s liability for defective construction and failure to repair.

What Carbon Monoxide Does

MedlinePlus describes carbon monoxide (CO) as a gas that “has no odor or color” and that “can cause sudden illness and death.” It is found in combustion fumes, “such as those made by cars and trucks, lanterns, stoves, gas ranges and heating systems,” and it can build up in places without a good flow of fresh air. MedlinePlus lists “[t]he most common symptoms of CO poisoning” as headache, dizziness, weakness, nausea, vomiting, chest pain, and confusion. It adds that people who are sleeping or intoxicated can die from CO poisoning before they have symptoms.

The Duty to Repair and the Habitability Provision

The landlord carries a statutory repair duty (OCGA 44-7-13(a)), and since 2024 each lease or other agreement to use real property as a home carries an implied term that the dwelling is fit for human habitation (OCGA 44-7-13(b)); the 2024 Act applies that term to residential leases entered into or renewed on or after July 1, 2024.

The Landlord’s Tort Liability

In Cham v. ECI Management Corp., 311 Ga. 170 (2021), the Supreme Court of Georgia traced OCGA 44-7-14 to an older rule that a landlord is not liable as a landowner for premises the tenant possesses. The statute still leaves the landlord exposed on two grounds: building defects and neglected repairs (OCGA 44-7-14).

When a Contractor’s Repair Causes the Exposure

The duty to repair stays with the landlord even when an outside contractor does the work. In Atkins v. MRP Park Lake, L.P., No. A09A2125 (Ga. Ct. App. Nov. 20, 2009), a tornado damaged an apartment complex, and a crew hired for temporary repairs covered a damaged roof with a tarp that had no openings for the vent pipes, so exhaust from the furnace and water heater could not escape. One of the plaintiffs, who worked on site as the complex’s business manager, developed symptoms of poisoning, and medical testing found elevated carbon monoxide levels. The Court of Appeals held that the owner’s statutory duties under OCGA 44-7-13 and 44-7-14 to keep the premises in repair could not be delegated to an independent contractor to escape liability, found factual disputes about the crew’s status and about causation, and reversed summary judgment.

Proving What Caused the Illness

MedlinePlus states that “[i]t is often hard to tell if someone has CO poisoning, because the symptoms may be like those of other illnesses.” Where causation turns on such a question, Georgia requires expert evidence when only a witness with specialized medical knowledge can answer it reliably (Cowart v. Widener, 287 Ga. 622 (2010)), and the expert must satisfy the reliability requirements of OCGA 24-7-702(b).

Frequently Asked Questions

Is a landlord responsible when the tenant’s own negligence caused the harm?
Not for the tenant’s own negligence or illegal use of the premises, once the landlord has fully parted with possession (OCGA 44-7-14).

When does a wrongful death claim from carbon monoxide accrue?
In Miles v. Ashland Chemical Co., 261 Ga. 726 (1991), the Supreme Court of Georgia stated that a wrongful death action accrues to the heirs at death, not when the cause of the injury is discovered.

  • MedlinePlus (National Library of Medicine), “Carbon Monoxide Poisoning” (last updated Sept. 19, 2024)
  • OCGA 44-7-13(a), (b) (as amended by 2024 Ga. Laws, HB 404, effective July 1, 2024); OCGA 44-7-14
  • Cham v. ECI Management Corp., 311 Ga. 170 (2021)
  • Atkins v. MRP Park Lake, L.P., No. A09A2125 (Ga. Ct. App. Nov. 20, 2009)
  • Cowart v. Widener, 287 Ga. 622 (2010); OCGA 24-7-702(b)
  • Miles v. Ashland Chemical Co., 261 Ga. 726 (1991)

Disclaimer

This article provides general information about carbon monoxide claims in rental housing under Georgia law. It is not legal or medical advice and does not create an attorney-client relationship. Whether a landlord is liable depends on the lease, the date it was entered into or renewed, the source of the exposure, and the specific facts. A person with symptoms of carbon monoxide exposure needs emergency medical care, and anyone harmed in a rental home should consult a licensed Georgia attorney promptly about the particular situation.

Related posts:

  1. Appealing a Georgia Personal Injury Verdict A Georgia personal injury verdict that disappoints one side can be challenged in two stages: motions in the trial court that carry a 30-day deadline, and an appeal whose own......
  2. Rear-End Collisions: Who Is Really At Fault? After a rear-end crash, fault is not settled by which car was in back: Georgia has no rule that the rear driver is presumed to be at fault. A collision......
  3. College Campus Injury Claims in Georgia Whether a college is public or private decides which statutes govern an injury on its campus. A claim against a state institution runs through the Georgia Tort Claims Act, with......
  4. Chronic Pain Syndrome Following Georgia Accidents Pain that continues after an injury has healed is what MedlinePlus calls chronic pain, and complex regional pain syndrome (CRPS) is a chronic pain condition that "may happen after an......
  5. Traffic Signal Malfunction Claims in Georgia When a crash follows a traffic signal that showed the wrong indication, flashed, or could not be seen, a Georgia claim depends on what the Code tells a driver each......
  6. Bicycle Accidents Involving Children in Georgia A child hurt on a bicycle is measured against a different statutory standard of care than an adult, a statute says a helmet violation is not evidence of negligence or......
  7. Birth Injury Malpractice in Georgia: Cerebral Palsy and Erb’s Palsy Claims A child who is born with an arm that will not move, or who is later diagnosed with cerebral palsy, leaves a family asking whether the delivery caused it and......
  8. How Georgia’s Collateral Source Rule Protects Your Recovery When health insurance paid part of an injured person's medical bills, what the jury may hear about those payments in Georgia depends on when the claim arose. For causes of......
  9. Horseback Riding Injury Claims in Georgia A rider hurt at a Georgia stable meets a statute before anything else: an equine activity sponsor, an equine professional, "or any other person" "shall not be liable for an......
  10. Food Truck Accidents: Mobile Vendor Liability A person hurt by a food truck may have been struck on the road while the truck was moving or injured at the service window while it was parked and......
  11. Church and Religious Organization Liability in Georgia A church is a landowner, an employer, and an organization that relies on volunteers, and each role brings a different rule into an injury claim. A visitor hurt on the......
  12. Elder Abuse Civil Claims in Georgia: Holding Caregivers and Facilities Accountable Which Georgia statutes apply to harm done to an older person depends first on where the person lives. The Disabled Adults and Elder Persons Protection Act defines abuse, neglect, and......
  13. Fireworks Injury Claims in Georgia Who answers for a fireworks injury in Georgia depends on who controlled the risk: the person who lit the device, the operator of a permitted public display, or the company......
  14. Bus Accidents: Public Transit Injury Claims When a bus passenger is hurt in a sudden stop, a fall while boarding, or a crash, who operates the bus shapes the claim from the start. The standard of......
  15. Georgia Motorcycle Helmet Laws: Impact on Your Injury Claim Georgia requires every motorcycle operator and passenger to wear approved headgear. After a crash, the practical question is whether a missing or noncompliant helmet can be put in front of......
  16. Boating and Watercraft Accident Claims in Georgia In a civil claim, Georgia's statutes treat a boat much as they treat a car: the owner of a watercraft "shall be liable for any tort caused by the operation......

Leave a comment

Your email address will not be published. Required fields are marked *