Recently, an elderly man died after inhaling smoke and carbon monoxide at 86 years old. He was found in the bathroom by his daughter, covered in soot. Her grief and horror were boundless when she later discovered that the furnace installed in her father’s home in 2009 was in violation of many state safety codes. The company that installed the heater never received a permit from the city for work, nor was a combustion test run after the heater was installed.
Furthermore, investigators found a pipe too small for the flue and the chimney was clogged with soot. A connector pipe was installed in the incorrect location and placed too close to flammable materials.
In an attempt to make sure that this does not occur again, the family filed a wrongful death lawsuit. As a requirement in the lawsuit, the heater company was expected to produce the results of the combustion test they claimed to have performed; it was never produced. The plaintiff’s attorney tried to settle out of court, but the business refused to settle under any conditions.
The case will go to trial, with a massive amount of evidence from the fire department. The plaintiff is seeking unspecified damages, along with punitive damages for the wrongful death of her father and for violating the consumer protection laws of the state.
At this point, evidence points to the probability that the company that installed the heater was negligent and caused this wrongful death.
When a death occurs, and there is a question of negligence on the part of another person or entity, it is necessary to talk to a professional personal injury lawyer to be guided as to how to proceed. At Abronson Law, we work on a contingent-fee basis. This means that we do not get paid unless we win the case. We are here to help, and welcome you to call us for a free consultation.