Guests Sue Mesa, AZ Hotel for Near-Fatal Carbon Monoxide Leak

Burg Simpson filed a carbon monoxide leak lawsuit on behalf of two families who suffered near-fatal poisoning while staying at a Holiday Inn Express in Mesa, Arizona.

Our Phoenix carbon monoxide poisoning lawyers are committed to holding negligent property owners accountable. In this matter, it appears the hotel’s tankless water heaters were improperly installed and there was insufficient ventilation. This led to a carbon monoxide leak which required our clients’ hospitalization.

We intend to effect change in Arizona law. Currently, hotels and motels in Arizona are not required to install carbon monoxide detectors in guest rooms. This presents a serious danger to guests.

Did you or someone you love suffer carbon monoxide poisoning on someone else’s property? Burg Simpson can investigate to determine if negligence was a factor. Call 602-777-7000 today for a FREE and confidential case evaluation. Our lawyers serve clients in Phoenix and all of Arizona.

Victims Nearly Die in Mesa Hotel Carbon Monoxide Leak

On October 16, 2023, Mesa Police responded to a suspected carbon monoxide leak at the Holiday Inn Express on South Westwood. Officers worked frantically to evacuate the hotel, which had no alarms to alert guests to the presence of carbon monoxide.

Mesa Police found one woman collapsed outside the hotel after escaping her room on the second floor. She and her husband both reported feeling nauseated, faint, and disoriented. These are all signs of carbon monoxide poisoning.

The incident was investigated by Mesa Fire, who identified the hotel’s new tankless water heaters as the cause of the carbon monoxide leak. While investigators did not specifically cite improper installation as a factor, attorney Michael Burg of Burg Simpson told ABC15 Arizona that he believes the photos of the appliances paint a clear picture of negligence:

“It’s hard for me to believe that they would do it this way … When you look at this, you can see that there’s absolutely no venting.”

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Holiday Inn Express was not legally required to install carbon monoxide detectors in guest rooms because the water heaters were located in the hotel’s boiler room. And yet, the toxic gas still managed to enter occupied areas where people were staying and sleeping.

Multiple guests reported feeling sick, and some were even taken to the hospital, over a period of several weeks prior to the incident. In fact, first responders were called to the property just one day before the hotel had to be evacuated on October 16.

Victims of the carbon monoxide leak remain traumatized to this day, and angry about the hotel’s disregard for guest safety. One of the plaintiffs in the case Burg Simpson is handling told ABC15:

“It seems like they don’t care. They’re not willing to invest in a simple technology to keep their customers safe.”

Possible Signs of Carbon Monoxide Poisoning

The carbon monoxide leak at the Mesa Holiday Inn Express illustrates the dangers of this colorless, odorless gas. When you breathe in carbon monoxide (chemically known as “CO”), the CO molecules attach to red blood cells and displace oxygen within the bloodstream. This starves your body of oxygen and damages organs, such as the heart and brain.

The symptoms of carbon monoxide poisoning often include:

• Headache
• Nausea and vomiting
• Difficulty catching your breath
• Fatigue and weakness
• Blurry vision
• Dizziness
• Confusion and disorientation
• Pain in the chest
• Rapid heart rate
• Loss of consciousness and fainting

Inhaling too much CO can be fatal. Carbon monoxide alarms are an important line of defense against this “silent killer.”

Unfortunately, Arizona has no uniform requirement for property owners to install CO detectors. This is particularly dangerous for buildings with multiple occupants, such as hotels and motels.

Can You Have Permanent Damage from Carbon Monoxide Poisoning?

Yes, significant exposure to carbon monoxide may cause permanent damage to the brain, heart, and other organs. Potential complications associated with severe CO toxicity include:

• Memory loss
• Trouble concentrating
• Cognitive impairment
• Altered personality
• Diminished coordination and reflexes
• Vision loss
• Persistent arrhythmia (irregular heartbeat)
• Increased risk of heart attack
• Liver and kidney damage, in severe cases

When preparing your case, Burg Simpson evaluates the full extent of losses from carbon monoxide poisoning. Our attorneys thoroughly review your medical records, speak with your doctors, and consult expert witnesses. You may be entitled to additional compensation if exposure to CO left you with permanent damage.

When Can You Sue for Carbon Monoxide Poisoning?

The legal recourse for carbon monoxide poisoning is dependent on the circumstances. If you can show that the negligence of a person or entity caused you to be exposed to carbon monoxide, you may be able to make a claim.

Potential grounds for a carbon monoxide leak lawsuit include:

• The owner of a property (such as a hotel or motel) fails to take reasonable steps to prevent a carbon monoxide leak.
• A defective product releases carbon monoxide into an enclosed space, such as a home, vehicle, etc.
• Errors on the part of an installation or service technician causes carbon monoxide to leak from a fuel-burning appliance, such as a water heater, furnace, etc.

It can be difficult to know what legal rights you have if you became sick or a member of your family died as a result of a carbon monoxide leak. Lawyers at Burg Simpson can review your case to determine if another party’s negligence was a factor.

How Much Compensation Do You Get for Carbon Monoxide Poisoning?

You may be entitled to substantial compensation for personal injury due to a carbon monoxide leak. Damages that may be sought in a carbon monoxide leak lawsuit include:

• Ambulance and hospital bills
• Therapy and rehabilitation costs
• Permanent impairment / disability
• Lost wages
• Household services and assistance
• Future medical expenses
• Reduced earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

Every year, more than 400 people in the U.S. die as a result of carbon monoxide poisoning. If negligence was a factor, surviving family members may be entitled to wrongful death damages such as:

• Funeral and burial expenses
• Loss of the decedent’s income and financial support
• Medical expenses prior to death
• Loss of household services
• Emotional anguish
• Loss of companionship and consortium

Finally, an Arizona court may award punitive damages at trial if it can be shown that the defendant acted with an “evil mind.” This goes beyond mere negligence; there must be evidence that the defendant was trying to harm the plaintiff, acted out of spite or ill will, or took action knowing there was “a substantial risk of significant injury to others.”

Do You Have a Carbon Monoxide Leak Lawsuit?

Carbon monoxide may build up slowly inside a property, or it can lead to sudden symptoms of toxicity. Your first priority should be to get to safety and receive medical attention. If you believe you suffered CO poisoning due to another’s negligence, you should seek legal counsel as soon as possible.

Burg Simpson has decades of experience representing clients in premises liability claims, defective product matters, and other complex cases. We know what it takes to prove that the defendant’s negligence caused a carbon monoxide leak.

As Good Lawyers. Changing Lives.®, we combine skillful legal representation with compassionate attention to your individual needs. Our firm has recovered more than $2 billion in compensation for clients nationwide.

Learn How Burg Simpson Can Help

You may have legal options if you experienced CO poisoning or a loved one died as a result of exposure to carbon monoxide. Burg Simpson can prepare a carbon monoxide leak lawsuit on your behalf and fight for the maximum compensation you and your family deserve.

Contact us today for a FREE case evaluation. Our lawyers serve the victims of carbon monoxide poisoning in Phoenix, Scottsdale, Tempe, Mesa, and all of Arizona.