If you or your family got sick from carbon monoxide (CO) after a power outage or when the furnace came on, get medical care first and tell the provider you suspect CO. Then preserve the generator, heater or furnace and any alarms. A landlord, contractor or manufacturer may be responsible if a missing alarm, bad repair or defective product caused the exposure.
Storm outages and cold snaps hit Georgia hard in November. That is when portable generators run on porches, furnaces start up after months of rest and, too often, families are exposed to CO. You cannot see or smell it, and the CDC lists headache, dizziness, weakness, upset stomach, vomiting, chest pain and confusion as the most common symptoms. Knowing what to do in the first hours and days protects both your health and your claim.
Key Takeaways
- The CDC says generators should be used only outside and more than 20 feet away from any windows, doors and vents.
- Georgia requires CO alarms in new one- and two-family homes and townhomes, and HUD required CO alarms in many federally assisted rental programs by December 27, 2022.
- Landlords, HVAC contractors and product manufacturers can all be responsible, depending on what caused the leak.
- Do not repair or throw away the generator, heater, furnace parts or alarms. They are key evidence.
- Most Georgia injury claims must be filed within two years, and product claims face a 10-year limit from the product’s first sale.
Why CO Exposure Rises After Storms and in Cold Weather
Generators placed too close to the house can push exhaust through windows, doors and vents. Furnaces with cracked heat exchangers or blocked flues can leak CO into living space, and cars left running in attached garages can send fumes into bedrooms. Some families try to stay warm with ovens or grills, which the CDC warns against: “Never heat your house with a gas oven.”
The CDC’s carbon monoxide guidance is simple: use generators only outside, more than 20 feet from windows, doors and vents, and install battery-operated or battery back-up CO detectors near every sleeping area.
CO Alarm Requirements in Georgia
CO alarm rules depend on the type of housing and when it was built:
- New homes. Georgia requires CO alarms in newly built one- and two-family homes and townhomes under its adopted building codes.
- Federally assisted rentals. Under the Consolidated Appropriations Act of 2021, HUD required CO alarms or detectors by December 27, 2022 in programs including public housing, Housing Choice Vouchers, Project-Based Vouchers, Project-Based Rental Assistance and Section 202 and 811 housing.
- Older homes and private rentals. Requirements can vary with the building’s age, fuel-burning appliances, attached garages and local code enforcement.
A missing or dead alarm does not automatically prove a case, but it can be important evidence, especially when a landlord or owner was required to provide one.
Who May Be Liable After CO Poisoning in Georgia
- Landlords and property managers. Under O.C.G.A. § 44-7-14, a landlord who has turned over possession can still be responsible for damages from defective construction or failure to keep the premises in repair, such as ignored furnace complaints or faulty venting. See our premises liability page for more.
- HVAC contractors and servicers. Negligent installation, repair or chimney work can create a CO hazard.
- Manufacturers. A defective generator, heater, furnace or alarm can support a product liability claim, subject to Georgia’s 10-year limit measured from the product’s first sale (O.C.G.A. § 51-1-11). Early identification of model and serial numbers is critical.
- Short-term rental owners. Unvented heaters or missing alarms in a vacation rental can raise claims against the owner, depending on the facts and the rental terms.
What to Do Right Away (Health First, Proof Second)
- Get medical care immediately. Tell providers you suspect CO exposure so they can test and document it.
- Get out and stay out. Do not go back inside until fire officials say it is safe.
- Preserve the devices. Unplug and set aside the generator, space heater or furnace parts. Do not repair or discard anything.
- Photograph the setup. Capture where the generator sat, its distance to openings, exhaust direction, cords and any blocked flues or vents.
- Document the alarms. Note whether they sounded, photograph them and keep the alarms and batteries for testing.
- Get the incident details. Write down responding fire and EMS units and the incident number, and ask neighbors for doorbell or porch camera footage.
- Notify the owner or manager in writing. For apartments and rentals, ask them to preserve maintenance logs, work orders and inspection reports.
- Be careful with insurers. Avoid recorded statements until you have spoken with a lawyer. Adjusters may use early statements to minimize a claim.
What a CO Injury Claim Can Include
CO injuries range from headaches and nausea to lasting memory or concentration problems, heart complications and death. Under Georgia law, an injured person may seek compensation for:
- Emergency care, hyperbaric treatment where prescribed, and neurology or cardiology follow-up
- Future medical care
- Lost wages or reduced ability to earn
- Pain and suffering
When CO exposure is fatal, family members may have a wrongful death claim. Georgia’s modified comparative fault rule also applies: your recovery can be reduced by your share of fault and barred at 50% or more (O.C.G.A. § 51-12-33).
Deadlines You Should Know
Most Georgia personal injury claims must be filed within two years of the injury (O.C.G.A. § 9-3-33). Different rules can apply to children and to wrongful death claims. Product claims against a manufacturer also face a 10-year outer limit from the product’s first sale, so identifying the device early matters. Our guide to Georgia injury deadlines explains the exceptions.
Prevention for the Rest of the Season
- Run generators only outdoors, more than 20 feet from doors, windows and vents, with the exhaust pointed away from the home. Never run one in a garage, carport or on a porch.
- Install battery-operated or battery back-up CO alarms near every sleeping area and test them regularly.
- Have furnaces, chimneys and water heaters inspected before heavy use, and clear vents and intakes of storm debris.
- Never use a gas oven or grill to heat your home.
Frequently Asked Questions
Can I Sue My Landlord for Carbon Monoxide Poisoning in Georgia?
Possibly. A landlord can be responsible for damages from defective construction or failure to keep the premises in repair, such as ignoring furnace complaints or faulty venting. Whether a CO alarm was required, and whether it worked, can also matter.
What If a Generator or Heater Was Defective?
You may have a product liability claim against the manufacturer. Keep the device, its packaging and any manual, and do not try to repair it. Georgia generally bars strict liability claims more than 10 years after the product’s first sale.
What Should I Tell the Doctor?
Tell them you suspect carbon monoxide exposure and describe your symptoms and how long you were exposed. Early testing and records help both your treatment and any later claim.
How Long Do I Have to File a CO Poisoning Claim?
Generally two years from the injury in Georgia, with different rules for some situations, such as injuries to children. Wrongful death and product claims have their own timing rules, so talk to a lawyer promptly.
If a power outage, generator or furnace problem led to CO exposure in your home or rental, The Gunn Law Group offers a free, no-obligation consultation, and you pay no attorney fee unless we win. Call 888-BIG-GUNN (888-244-4866). Hablamos español.
