Can I sue my neighbors for causing carbon monoxide positioning to my family?

We live in apartment complex with attached garages and my neighbors left there car on with the garage door closed. This caused my home to fill with fumes causing family to be woken at 5 am to a home full of smell of gas unbearable. After feeling ill with headaches, dizziness and vomiting we were examined in the emergency room and diagnosed with carbon monoxide poisoning. So can I sue for hospital bills and pain and suffering?

Asked on November 4, 2011 under Personal Injury, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should talk to a personal injury attorney about suing the neighbor and the apartment complex-- and possibly the builder.  The neighbor certainly has negligence issues-- they caused the fumes which in turned caused you and your family to have to go to the hospital.  The apartment complex is responsible for making sure that you have the normal use and enjoyment of your apartment.  If the design of this facility is such that you could get smoked out on a regular basis, then the apartment complex and the builder could potentially be on the hook for premise defect issues.  Collect your medical bills and then visit with a personal injury attorney.  If  you do not have any long term injuries, it will be more difficult to sue for pain and suffering, but they can at least assist with getting your hospital bills and loss of work expenses reimbursed.

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