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by The Stoddard Firm - August 16th, 2019
In a fresh, tragic reminder of the deadly power of carbon monoxide, two Best Western guests lost their lives this summer while visiting Asheville, NC for a rugby tournament. While police note that conclusive toxicology information may not be available for up to eight months, an initial investigation of the property points to improperly vented air and water heaters as a possible culprit.
The Stoddard Firm has seen all too many cases of company owners failing to maintain safe premises for their guests, and we’re proud to help the victims of preventable accidents like CO poisoning, as well as their families, obtain justice.
“Most carbon monoxide poisoning deaths can be prevented by installing and maintaining CO detectors wherever people sleep or fuel is burned,” says the firm’s own Matt Stoddard. “These detectors start at $20 each, and there’s just no reason not to use them.”
It took a pair of tragedies at another North Carolina Best Western to make many hotels even consider investing CO detectors. Back in 2013, within six weeks of each other and in the same room, a couple and a mother with her 11-year-old son all suffered CO poisoning. Only the mother survived, with neurological damage.
Best Western waited a year to start requiring CO detectors after these deaths, but once it did, other major hotel chains finally began following suit. Even the nontraditional hospitality giant, Airbnb, has been providing the devices for free to all its hosts since 2014. The same pair of incidents also prompted North Carolina to pass legislation requiring CO detectors in hotels within the state, though inspection rules for the devices are still vague. It’s unclear why no alarm sounded in Asheville, and whether device maintenance may have been an issue.
Other states have been even slower to adopt this life-saving requirement. Only 38 states, including Georgia, have any laws at all regarding the use of CO detectors. These laws mainly focus on CO detectors in homes, and only 14 states require them in hotels and motels. Georgia, sadly, is not one of them.
Where rules enforcing the use of CO detectors do exist, whether in the form of local legislation or internal company policies, they’re usually limited to rooms intended for sleeping. This explains why a Hilton location in Gwinnett County had to be evacuated in 2015 due to CO toxicity, without any of its room alarms being triggered. Hotel staff realized something was wrong when they themselves began to feel ill, after being exposed to a leak in the boiler room.
Regardless of local ordinances, property owners always have a general responsibility to protect their tenants, employees, and guests from foreseeable, preventable dangers. “For a company to be liable, the law doesn’t have to spell out every individual danger they shouldn’t be exposing people to,” explains Matt. “Hotels everywhere know the steps to prevent CO poisoning. They have a duty to take them.”
If you’ve been harmed or lost someone due to CO poisoning in a hotel, call the Stoddard Firm to learn how we can help.
A dedicated, ethical advocate who spent years defending major corporations in serious injury and wrongful death cases before switching sides to fight for families who have lost someone. Known for high-profile wrongful death trials featured on Courtroom View Network, he is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, he works tirelessly to pursue accountability and deliver results for families facing catastrophic loss.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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Matthew Stoddard and his staff are wonderful people. This law firm is a no complication type of place. They always answer the phone without the hassle of going through 30 different people and always return emails just as quick as they are received. Thank you gentlemen for everything y’all do.
I went through one of the worst times of my life. When I decided to reach out to Matt it was one of the best decisions I have ever made. He really is a genuine guy who cares about his clients. He worked hard for me and my family for 2 years until we were awarded a settlement we felt deserving! I could not recommend a better guy for your legal services!
Attorney Matthew Stoddard and his staff are awesome professionals. I contacted them with a problem, in my opinion he went above and beyond to assist me. He showed understanding and care and exceeded my expectations.
The Stoddard Firm did an excellent job in representing me in my case ! They went far and beyond to help me, even driving 4 hours to meet me multiple times as a client!!! I honestly felt like I was a member of their legal team and would recommend them to anyone in need of a great lawyer!!!
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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