Could the injuries to this Albuquerque apartment resident have been prevented and are justice and compensation available to the victim? Read Our Legal Take below to find out what legal options are available.
A woman was found to have carbon monoxide poisoning from an apartment in Albuquerque, New Mexico.
As reported by KRQE.com, “[a]n expectant Albuquerque mother living at [local] Apartments was rushed to the hospital with carbon monoxide poisoning.”
According to the report, “[Destanie] Mendoza was rushed to the hospital and test results show she had high levels of carbon monoxide in her blood. The New Mexico Gas Company confirms a broken vent on the water heater and furnace was broken, spewing carbon monoxide right into Mendoza’s apartment.”
Destanie Mendoza “repeatedly asked her apartment…to check all of the appliances in her unit…[s]he believed there was some kind of gas leak that was making her so sick.”
Per the report, “The NM Gas Company’s only job at this apartment is to keep the property safe, which is why the water heater and furnace were shut down and red-tagged. It is [the apartment complex’s] responsibility to make repairs to the equipment.”
KRQE.com is reporting, “[Destanie] Mendoza says due to the exposure to carbon monoxide, she has to undergo genetic testing to make sure there are no prenatal defects to her baby.”
Our Legal Take
Premises liability attorneys with The Murray Law Firm question whether a lack of emergency procedures and safety measures at the complex may have contributed to this incident.
- When was the last gas and utility inspection performed?
- When were carbon monoxide detectors last inspected and updated?
- What safety measures, such as working carbon monoxide detectors and frequent utility inspections, were implemented by the apartment complex owner prior to this incident?
- Did the management properly inspect the utilities after the previous complaints?
As details of this tragedy continue to emerge, The Murray Law Firm suggests that it is possible that the apartment complex owners or managers failed to undertake proper safety measures to protect those residents and guests legally on the premises. By law, the owner and management company of an apartment complex have a duty to protect residents and to keep the premises safe. If the owner or manager fails in this duty, they may be held civilly liable for any injuries or wrongful deaths that occur as a consequence. Should the owner or management of the apartment complex be found at fault, Destanie Mendoza may elect to hold the owner and management company civilly liable for her injuries. Financial recovery for such claims could be substantial.
As insurance companies and unscrupulous property owners are often more concerned with limiting their financial exposure in these incidents, it is crucial that Destanie Mendoza retain an experienced premises liability firm as soon as possible to ensure all evidence, such as a faulty carbon monoxide alarm or a poor evacuation plan, is preserved and her best interests are protected. The Murray Law Firm has extensive experience in premises liability and apartment negligence cases, such as this, and we offer our legal expertise, if needed.
If anyone has information to share, or if anyone is seeking information regarding this incident, please contact us at 888.842.1616.
The Murray Law Firm has obtained over $100 million dollars for its Clients, and recently secured a $29.25 million dollar verdict for a victim of an unsafe property.
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