In Buffalo, where winters are harsh, tenants rely heavily on space heaters and furnaces to keep warm. However, if these heating systems are improperly maintained, they can lead to the dangerous buildup of carbon monoxide, a potentially deadly gas. In the unfortunate event that a tenant becomes sick due to carbon monoxide poisoning, questions often arise regarding who is financially responsible for covering the medical expenses and damages. This blog post will break down the legal responsibilities of both landlords and tenants, explore tenant rights, and offer preventative measures to keep everyone safe from such risks.
Robert Friedman
Michael Ranzenhofer
Justin Friedman
John Dracup
The Hidden Dangers of Winter Heating in Buffalo Rentals 
As winter sets in Buffalo, tenants often depend on space heaters or the furnace in their rental property to stay warm. While these appliances are essential for comfort and survival during the bitterly cold months, they also pose a significant risk when not properly maintained. One of the most dangerous risks is carbon monoxide poisoning, which can occur when a heating system malfunctions or is improperly vented.
Carbon monoxide (CO) is a colorless, odorless gas that can be fatal if inhaled in sufficient quantities. Because it’s impossible to detect without specialized equipment, tenants may unknowingly be exposed to CO, sometimes for extended periods, leading to serious health consequences. But when this happens in a rental property, the question of liability arises: who is responsible when a tenant gets sick from CO poisoning? Is it the landlord, or can tenants be held liable for using faulty space heaters?
In this post, we’ll explore the complex responsibilities of landlords and tenants under New York law, examine potential scenarios in which each party could be held liable, and provide preventative measures to help both parties avoid such hazardous situations.
The Landlord’s Legal Responsibility for Providing Safe Living Conditions
In New York, landlords are required to provide their tenants with safe and habitable living conditions, which is outlined in both the implied warranty of habitability and various state building codes. This means that landlords are legally obligated to ensure that heating systems and other appliances in the rental property are in safe working condition and free from hazards such as carbon monoxide.
Landlord’s Duty of Care in Maintaining Heating Systems
A landlord’s duty to maintain heating systems includes regular inspections and repairs to ensure that furnaces, space heaters, and any other heating appliances are functioning properly. Failure to do so can lead to dangerous situations, such as a furnace malfunctioning and releasing carbon monoxide into the living space. The landlord’s neglect in maintaining these systems could be considered negligence if it directly contributes to a tenant’s illness.
For example, if a landlord fails to address a faulty furnace, refuses to fix a broken venting system, or ignores tenants’ complaints about heater malfunctions, they could be held responsible for any resulting health issues, including CO poisoning.
Legal Precedents and Landlord Liability
There have been several cases in New York where landlords have been held liable for carbon monoxide poisoning due to negligence in maintaining heating systems. For example, if a tenant were to suffer from CO poisoning because a furnace was not serviced, and the landlord failed to act on prior warnings or regular inspections, the tenant may have a valid personal injury claim.
Furthermore, if the property lacked necessary carbon monoxide detectors, which are legally required in rental properties, the landlord’s failure to install or maintain such detectors could also lead to liability for the tenant’s illness or injury.
Tenant Responsibilities in Maintaining Heating Safety
While landlords are primarily responsible for ensuring the safety of heating systems in rental units, tenants also play an essential role in maintaining a safe living environment. Tenants are expected to follow basic safety rules and maintain a reasonable standard of care when it comes to using space heaters or other appliances provided in the rental unit.
Reporting Hazards and Malfunctions
Under New York law, tenants must report any malfunctions, including heating system failures, to the landlord promptly. If a tenant notices signs of carbon monoxide buildup, such as yellow or orange flames in the furnace instead of blue, or if they feel symptoms such as dizziness, nausea, or headaches, they should immediately contact the landlord and leave the property if it is unsafe.
Failing to report a malfunctioning heater or other hazards could put the tenant at risk, and in the case of illness, it might complicate legal proceedings. Additionally, tenants who choose to use personal space heaters should do so responsibly, ensuring that they are in good working order and following the manufacturer’s guidelines for safe usage.
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Tenant Use of Space Heaters
Space heaters are a common source of heat in rental properties, particularly in older buildings or in cases where central heating may not be functioning correctly. While space heaters can provide temporary relief, they must be used with caution. Tenants must ensure that these heaters are placed in well-ventilated areas, away from flammable objects such as curtains or furniture, to reduce the risk of fire and carbon monoxide exposure.
If a tenant is using a space heater that they brought into the unit themselves, it is important to regularly check the heater for defects and to follow proper operating instructions. The improper use of space heaters or failing to maintain them could contribute to CO poisoning, potentially making the tenant liable for their own injuries.
Who Pays When a Tenant Gets Sick from Carbon Monoxide Exposure?
When a tenant falls ill from carbon monoxide poisoning due to a malfunctioning furnace or space heater in their rental unit, the question of who pays for medical bills and damages is not always clear-cut. The answer depends on the circumstances and the responsibilities of both the landlord and the tenant.
Landlord Liability for Tenant Injury
If a tenant becomes sick from CO poisoning because the landlord failed to maintain the heating system or ensure that carbon monoxide detectors were installed, the landlord may be financially responsible. Landlords are typically covered by liability insurance policies that may cover medical expenses for tenants injured on the property due to the landlord’s negligence.
In cases where carbon monoxide exposure is linked to a defective heating system, the tenant may file a personal injury lawsuit against the landlord for damages, including medical bills, lost wages, and pain and suffering. However, the tenant would need to prove that the landlord’s negligence directly caused the illness.
Tenant Responsibility for Self-Inflicted Injury
On the other hand, if the tenant’s actions contributed to their CO exposure—such as misusing a space heater, failing to ventilate the area, or neglecting to report an issue—then the tenant may bear some or all of the responsibility for their illness. For example, if a tenant is found to have been using an unapproved or faulty space heater in violation of the lease agreement, the landlord might not be held liable for the tenant’s injuries.
Insurance Considerations
Tenants may also have renter’s insurance, which could cover medical costs and other expenses associated with carbon monoxide poisoning. However, many standard renter’s insurance policies exclude injuries caused by CO exposure, so tenants should review their insurance policies carefully to understand their coverage.
Similarly, landlords are encouraged to carry comprehensive insurance policies that include liability coverage for accidents like carbon monoxide poisoning. This coverage can help mitigate the financial burden in cases where they are found to be responsible for the tenant’s injury.
Preventative Measures: How to Protect Tenants from Carbon Monoxide Poisoning
The best way to avoid the legal and financial consequences of carbon monoxide poisoning is to take proactive measures. Both landlords and tenants should take steps to reduce the risk of CO exposure and ensure a safe living environment.
Regular Heating System Inspections
Landlords should schedule regular inspections of all heating systems and ensure that they are serviced by a licensed professional annually. This includes checking the furnace, space heaters, and chimneys for any issues that could lead to CO buildup. Carbon monoxide detectors should be installed in each bedroom and common area to alert tenants of dangerous gas levels.
Proper Ventilation
Both landlords and tenants should ensure that any heating system or space heater is used in a well-ventilated area. Proper ventilation is critical to prevent the buildup of CO gas. Additionally, any blocked vents should be cleared immediately, and any faulty or broken venting systems should be repaired promptly.
Tenant Education and Safety Measures
Landlords should provide tenants with written safety guidelines for using space heaters and furnaces. This can include instructions on how to safely operate space heaters, when to report issues with heating systems, and how to use carbon monoxide detectors. Tenants should also be educated about the signs of CO poisoning and encouraged to report any issues to the landlord immediately.
Carbon monoxide poisoning in rental properties is a serious issue, particularly in Buffalo, where cold weather makes heating systems essential. Both landlords and tenants share responsibility for maintaining a safe environment, but in the event of an illness, legal action may be necessary to determine who will pay for damages. Landlords must ensure that heating systems are properly maintained and that carbon monoxide detectors are installed, while tenants must take care when using space heaters and report any issues immediately. By understanding their respective roles and responsibilities, both parties can work together to prevent CO exposure and avoid the financial consequences that can arise from such incidents.
If you have been affected by carbon monoxide exposure in your rental property, it’s important to speak with an experienced attorney who can help you navigate the complexities of landlord-tenant law. Contact Friedman & Ranzenhofer, PC today for a consultation.
If you or a loved one has been exposed to carbon monoxide in a rental property, don’t wait—contact Friedman & Ranzenhofer, PC today. Our experienced team of personal injury attorneys is here to help you understand your legal rights and pursue the compensation you deserve.