There has been much discussion about hotel carbon monoxide leaks and how hotels or vacation rentals can be held accountable for injuries and deaths caused by gas leaks. That discussion was only heightened after two Californians were found dead at a luxury resort in Mexico City last month.
The fatalities happened at a Hyatt-owned $600-per-night beachfront boutique hotel. According to a report in the Los Angeles Times, a current and former employee at the hotel said carbon monoxide detectors sounded frequently over a period of about three months late last year because of gas leaks in a system that delivers gas to fire pits on the outdoor patios of each room.
Employees and First Responders Suspect Gas Poisoning
Ricardo Carbajal, a former night manager at the resort, said that detectors were disabled after repeated complaints from guests about loud alarms back in January.
Two current employees told the LA Times that hotel managers ignored complaints from employees and guests about the strong gas smell. An employee said that just a few days before the two guests were found dead, a housekeeper cleaning their room fell ill because of suspected gas poisoning.
The bodies of Orange County residents John Heathco and Anny Lutz were discovered inside their room at the resort just north of Cabo San Lucas, which reopened a year ago after extensive renovations. Autopsies suggest that both died of “intoxication by an undetermined substance.”
Local police initially reported that gas inhalation was suspected as the cause of death. Hyatt officials previously said they do not believe the deaths were related to problems with hotel infrastructure or gas leaks.
The Times reports that new accounts from two paramedics who responded to the deaths seem to lend credence to the theory that gas poisoning was likely to blame. Fernando and Grisel Sotelo, firefighters who are siblings, said they fell ill soon after they entered the couple’s hotel room in response to the incident. They received treatment at a nearby hospital.
Concerns Raised After Several CO Poisoning Deaths
Six traveling Americans died from carbon monoxide poisoning in two separate incidents late last year. Three guests staying at an apartment in Mexico City booked through an Airbnb died from CO poisoning, as did another group of three American tourists staying at a Sandals resort in the Bahamas.
Sandals has since installed carbon monoxide detectors in all rooms across its facilities. Airbnb offers hosts free carbon monoxide detectors for units that don’t already have them. These devices typically cost between $30 and $50.
Gas Leaks: California Law and Premises Liability
The consequences can be devastating when carbon monoxide poisoning or gas poisoning occurs at a hotel or vacation rental. It is important to remember that the property owner and the staff who manage or work at hotels have a duty of care to provide workers with a safe environment.
Regarding carbon monoxide poisoning, hotel owners, managers, or staff members can be found liable for any harm caused to guests if they do not take the necessary steps to safeguard guests from this danger.
California law requires property owners or rental property to install carbon monoxide detectors in any rooms containing fuel-burning appliances. In addition, landlords must inspect and maintain these devices frequently to ensure they are working properly.
Suppose hotel management fails to install or maintain carbon monoxide detectors in rooms containing fuel-burning appliances. In that case, they may be held liable for damages resulting from carbon monoxide exposure.
In California, individuals or entities can be held liable even if the gas leak was unintentional. To prove liability in such cases, plaintiffs must show evidence that the action, or lack of action on the part of the defendants, caused the victim’s injuries and damages. For example, when failure to properly repair a gas line causes a leak, the hotel can be held liable in a premises liability lawsuit.
Injuries Caused by Carbon Monoxide Exposure
Carbon monoxide is a colorless, odorless gas that is deadly. Extreme injuries or even death could occur even when there is no prolonged exposure to the gas. Here are some of the most common injuries that could occur as a result of exposure to carbon monoxide:
- Irreversible brain damage
- Miscarriage or stillbirth
- Heart damage
- Death
Signs and symptoms of carbon monoxide poisoning may include headaches, weakness, dizziness, nausea, difficulty breathing, blurred vision, and loss of consciousness. If you suspect you have been exposed to carbon monoxide, please immediately get medical attention.
Damages for Carbon Monoxide Injuries in California
Suppose you have been injured due to carbon monoxide poisoning during a hotel stay. In that case, regardless of whether or not the hotel acted intentionally, you may be able to collect monetary compensation for your losses, including medical expenses, lost income, lost earning capacity, psychological injuries, pain and suffering and emotional distress.
If you have lost a loved one due to carbon monoxide poisoning. In that case, you may be able to seek compensation for medical expenses and funeral costs, lost future income, pain and suffering, and loss of love and companionship. An experienced California personal injury lawyer can help you hold the at-fault parties accountable for their actions and help you secure justice and maximum compensation for your losses.
