HVAC Negligence and Business Liability: How to Protect Your Clients from Carbon Monoxide Risks

The CDC reports that “Carbon monoxide (CO) is an odorless, colorless gas that kills without warning. It claims the lives of hundreds of people every year and makes thousands more ill. Many household items including gas- and oil-burning furnaces, portable generators, and charcoal grills produce this poison gas.” CO is called the “silent killer” for good reason. It’s odorless, colorless, and tasteless. If you breathe it in, however, it can cause headaches, confusion, nausea, or even death. These issues often come from HVAC systems (heating, ventilating, and air conditioning) that are poorly installed, not maintained, or simply old and worn out.

What is carbon monoxide, and why is it a concern for businesses?

Carbon monoxide (CO) is a colorless, odorless, and tasteless gas that is produced whenever fuels like natural gas, propane, gasoline, oil, wood, or coal burn incompletely. Because it has zero smell or visible signs, people can breathe in CO without realizing it. CO is dangerous because it interferes with the body’s ability to carry oxygen. When inhaled, CO binds to hemoglobin in the blood much faster than oxygen, essentially starving the brain, heart, and other organs of oxygen. Even a small amount of carbon monoxide can cause health problems, and high levels can be deadly within minutes.

Businesses that operate or manage buildings with HVAC systems, gas-powered equipment, furnaces, or other combustion appliances face serious risks if CO leaks happen. Here’s why carbon monoxide is such a major concern.

• It poses health risks to employees, customers, and tenants. CO exposure can cause symptoms like headaches, nausea, dizziness, confusion, and in severe cases, unconsciousness or death. Long-term, low-level exposure can also cause chronic health problems, which could result in costly lawsuits or workers’ compensation claims.
• Businesses have a legal duty to provide a safe environment for workers and guests. Failing to maintain HVAC systems, ignoring CO detector requirements, or not responding to safety concerns can make a business legally responsible for injuries or deaths. Businesses could face personal injury lawsuits, wrongful death claims, and regulatory fines.
• CO incidents, especially those that make the news, can seriously harm a business’s public image. A company known for unsafe conditions may lose customer trust and employee confidence.
• Carbon monoxide incidents can result in lawsuit settlements or jury awards, OSHA violations and fines, business interruption, increased insurance premiums, and emergency response and clean-up costs.
• Many cities require carbon monoxide detectors in certain commercial buildings—especially those with gas appliances or attached garages. Requirements may apply to hotels, schools, and some rental properties, depending on local Especially those with gas appliances or attached garages. Requirements may apply to hotels

How do carbon monoxide leaks occur in commercial HVAC systems?

CO leaks in commercial HVAC systems can happen for a variety of reasons, most of which have to do with poor installation, lack of maintenance, equipment failure, or design flaws. Because commercial HVAC systems are typically larger and more complex than residential units, the risks can be greater if something goes wrong. Here are the most common ways carbon monoxide leaks can happen in commercial HVAC systems.

• Cracked or damaged heat exchangers
• Blocked or improperly installed venting
• Inadequate airflow or combustion air supply
• Dirty or malfunctioning burners
• Improper HVAC installation
• Equipment failure or wear and tear
• Poor maintenance practices
• Failure to install or maintain CO detectors

By staying on top of HVAC safety, businesses can prevent life-threatening CO leaks and reduce their liability risks.

What are some key health risks associated with CO exposure in a commercial setting?

Carbon monoxide (CO) exposure in a commercial setting can pose serious health risks to employees, customers, and anyone inside the building. Because CO is colorless and odorless, people often breathe it in without realizing it until symptoms appear. Low to moderate exposure can cause headaches, dizziness, nausea, confusion, shortness of breath, and fatigue. These symptoms are often mistaken for a cold, flu, or general tiredness. In a busy workplace, this can delay recognition of the danger, allowing CO levels to build up and increasing the risk of serious harm.

Prolonged or high-level exposure to carbon monoxide can lead to life-threatening conditions, including unconsciousness, permanent brain damage, organ failure, and death. Even after the immediate threat is removed, some victims suffer long-term health problems like memory loss, difficulty concentrating, or heart complications. In commercial settings such as offices, restaurants, hotels, or warehouses, carbon monoxide exposure can quickly affect large numbers of people, making fast detection and response essential. Businesses that fail to protect against CO risks not only endanger lives but also open themselves to significant legal and financial liability.

What business risks and liabilities can arise from carbon monoxide leaks?

Carbon monoxide leaks in a commercial setting can expose businesses to serious risks and liabilities, including personal injury or wrongful death lawsuits, regulatory fines, and potential criminal charges if negligence is severe. Failing to properly install, maintain, or monitor HVAC systems and carbon monoxide detectors can be seen as a breach of the company’s legal duty to provide a safe environment.

This can lead to costly settlements, increased insurance premiums, business interruptions, and long-term reputational damage. In some cases, businesses may also face penalties for violating local building codes or safety regulations, making carbon monoxide prevention not just a safety issue but an important legal and financial responsibility.

How does preventative HVAC maintenance help protect a business from carbon monoxide leaks?

Preventative HVAC maintenance is one of the most effective ways a business can protect itself from carbon monoxide leaks and the risks that come with them. Regular inspections and servicing help identify problems early, such as cracked heat exchangers, blocked vents, dirty burners, or malfunctioning equipment that could lead to CO buildup. By scheduling routine maintenance with licensed professionals, businesses can ensure their systems are running efficiently and safely, reducing the chances of incomplete combustion that produces carbon monoxide. Proper maintenance also includes checking carbon monoxide detectors to ensure they are correctly installed and fully functional. This proactive approach not only safeguards the health of employees and customers but also helps businesses avoid costly legal claims, regulatory fines, and damage to their reputation.

What are some signs that a commercial furnace might need maintenance to prevent carbon monoxide leaks?

One of the most common indicators that a commercial furnace needs maintenance is strange smells, such as a burning or musty odor, which can signal poor combustion or a buildup of soot. Soot or rust around furnace vents, burners, or flue pipes may also suggest improper venting or a blockage that could cause carbon monoxide to back up into the building.

Additionally, yellow or flickering pilot lights instead of steady blue flames can be a sign of incomplete combustion, increasing the risk of CO production. Other red flags include excessive moisture on windows, corrosion on furnace components, unusual rumbling or popping noises, frequent system shutdowns, or visible cracks in the heat exchanger. If employees or customers begin experiencing headaches, dizziness, or nausea in the building, this could also point to a carbon monoxide issue and should be taken very seriously.

What role do carbon monoxide detectors play in protecting a business?

Carbon monoxide detectors play a critical role in protecting a business by providing early warning of dangerous CO levels before they can harm employees, customers, or tenants. Since carbon monoxide is invisible and odorless, detectors are often the only way to detect a leak in time to prevent serious injuries or fatalities. Properly installed and regularly tested detectors can trigger alarms that prompt quick evacuation and emergency response, helping businesses avoid health emergencies, legal liability, and costly damages.

What are the benefits of having a professional commercial HVAC maintenance plan in place?

Having a professional commercial HVAC maintenance plan in place offers businesses several key benefits, including improved system efficiency, reduced risk of carbon monoxide leaks, and early detection of potential safety hazards. Regular, expert inspections help prevent costly breakdowns, extend the life of HVAC equipment, and ensure compliance with safety codes and regulations. A maintenance plan also provides peace of mind, knowing the system is properly monitored by qualified technicians who can keep the workplace safe, comfortable, and legally protected.

Carbon monoxide is invisible, but its consequences are all too real. When HVAC systems aren’t installed, maintained, or monitored properly, the risk becomes personal and tragic. By understanding hazards and taking responsible steps, businesses can keep people safe and avoid legal nightmares.

At Hickey Law Firm, we stand up for those harmed by carbon monoxide. If you’re reading this because you or someone you know was affected, call us today. Contact us today for a free consultation, and let us fight for your rights.