Imagine a chilly fall evening. At the end of a long dark road is a humble house where a mother and father are putting their kids to bed before retiring for the night. The home is quiet except for the low murmur of a gas-powered generator coming from the basement. The father activated the generator in order to maintain the heat in the house after a blackout darkened the neighborhood. However, the father failed to open any windows in order to vent the generator’s emissions, and as the family drifts off to sleep the house slowly fills with a potentially lethal gas. The next morning, no one wakes up.
These are the harrowing circumstances that frequently give rise to carbon monoxide poisoning cases. A lawsuit will eventually follow, each party will assemble its teams of experts, and the liability issues will be litigated. The specific facts of each case dictate whether or not it will be presented to a jury; however, the types of damages available in such cases remain a universal theme throughout them all. In this article, we examine one specific category of damages in these claims, i.e., those awardable for conscious pain and suffering.
Survival Actions
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