Carbon monoxide from defective appliances and generators

When the appliance itself is the problem.

Furnaces, space heaters, boilers, water heaters and portable generators are designed to burn fuel safely. When a defect, a missing safety feature or a poor warning lets carbon monoxide escape, responsibility can reach back to the companies that made, sold and installed them.

By Rob Aiers, founderWe have over 25 years dealing with CO cases. We know what makes a case and what doesn’t.Updated 21 Oct 20267 min read

The short answer

In brief

If a fuel-burning appliance or generator produced dangerous carbon monoxide because of how it was designed, made, labeled or installed, the manufacturer, the retailer and the installer may be responsible. The appliance is the most important evidence: do not throw it away, return it or let anyone take it.

Three kinds of product claim

Design defectThe product is unsafe as designed, for example a generator with no automatic shut-off when carbon monoxide builds up.

Manufacturing defectThis unit was made wrongly: a faulty heat exchanger, seal or sensor.

Warning defectInstructions and labels did not make the danger clear enough to prevent foreseeable misuse.

Installation or serviceThe product was fitted, vented or repaired wrongly by a contractor.

Portable generators

Portable generators are among the deadliest sources of carbon monoxide in the United States, especially during power cuts after storms. One generator can produce as much carbon monoxide as hundreds of idling cars. Federal safety agencies warn never to run one inside a home, garage, basement or crawl space, and to keep it at least 20 feet from doors, windows and vents.

Newer generators may include carbon monoxide sensors that shut the engine off, and lower-emission engines. Whether a safer design was available is often a central question in generator cases.

If the product could have been made safer, the question is why it wasn’t.

Recalls and safety notices

Heaters, boilers, generators and even carbon monoxide alarms are recalled from time to time. A recall does not settle a case on its own, but it can show that a fault was known. Check the U.S. Consumer Product Safety Commission recall list for your model and keep a screenshot of what you find.

What to keep

The appliance or generator itself, unaltered, stored safely and away from use.
The model and serial number, manual, packaging, receipt and any warranty card.
Service and installation records, including who fitted the venting.
Fire department readings and medical records, with any COHb blood test.
Photos and video of where it was used and how it was connected.

Questions

I used the generator in my garage with the door open. Can I still claim?

Possibly. How a product is likely to be used, and how clearly the danger was explained, both matter. An attorney will look at the warnings and the design, not only at how it was used.

The repair company wants to take the old furnace away.

Ask them not to, and put that in writing. Once it has gone, the most important evidence may be lost.

Does it matter where I bought it?

Yes. Sellers and distributors can share responsibility in some states, so keep the receipt or order confirmation.