Carbon monoxide (CO) is a colorless, odorless, and nearly undetectable gas byproduct of combustion. When breathed in high concentrations, this gas can quickly cause severe injury or death. This happened to one Nahant family of three in January 2024. A carbon monoxide lawsuit is now underway to hold a negligent HVAC provider responsible, with Attorney Robert Mazow leading the charge.
Read about the case below and what to do if you suspect CO in your home or have lost a family member to carbon monoxide exposure.
The Case
Last year, a family of three in Nahant, MA were found dead of carbon monoxide poisoning in their home after appealing to the HVAC company that installed their new gas boiler multiple times. The victims included John Benson, 77, Youngae Benson, 74, and Andrew Carruth, 45. Now, a lawsuit has been filed by extended family members on their behalf with the help of Robert Mazow of Mazow | McCullough, PC.
The suit alleges that the deaths were preventable, and the family “lost their lives to carbon monoxide poisoning in their home due to the defendants’ gross negligence, unsafe practices and corporate indifference to basic safety standards.”
In July 2023, Marblehead HVAC providers Bartlett & Steadman installed a new gas boiler in the home without first obtaining the necessary work permits. The company also let unlicensed workers complete tasks and did not meet state installation standards.
Attorney Mazow elaborates, alleging that the company “never pulled the required building permits. Whenever you install a gas product, you need to pull a permit. They didn’t. It also requires a plumbing inspection, which didn’t happen.”
The complaint also alleges that the family contacted Bartlett & Steadman just a few days after their installation to report that the light on the front of the appliance wasn’t on. However, no one was ever dispatched to inspect the boiler.
The family contacted Bartlett & Steadman again on November 6th to report a leak and again, no technicians were sent to assess the situation. On November 13th, the family called to report a loose condensate box plug, and for the third time, no one from the company checked the boiler. The following January, they were deceased.
Attorney Mazow states, “It’s our allegation that an apprentice did the install and didn’t do it right, and the carbon monoxide backed up into the house. The boiler itself didn’t have safety features.”
What’s Next?
Currently, extended family members are seeking to hold Bartlett & Steadman publicly and financially accountable for negligence that resulted in the death of three individuals. While the suit itself requests a trial by jury and unspecified damages, the family also hopes to create lasting change.
Attorney Mazow adds, “They intend to get some legislation in place that if contractors fail permitting requirements and somebody is injured or dies, there should be criminal penalties.”
How to Keep Your Family Safe
If you have a gas boiler, furnace, or other carbon monoxide-emitting appliance in your home, here are some helpful tips to keep your family safe:
Learn the Signs of Carbon Monoxide Exposure
Knowing the signs of CO exposure can save your life:
- Headaches
- Dizziness
- Blurred vision
- Nausea
- Confusion
Click here to read more about the symptoms of carbon monoxide poisoning.
Act Quickly If Necessary
If you believe you or someone else have been exposed to carbon monoxide, the most important thing to do is get to a source of fresh air as quickly as you can. Then, contact emergency services and wait outside or next to a window or open door until they arrive.
Document Important Details
In the case above, there is clear evidence that the HVAC company who installed the family’s gas boiler was negligent and failed to respond to calls of concern. Keeping records of when you started feeling symptoms and any interactions you have with the alleged at-fault party is key to building a strong claim.
Contact a Qualified Massachusetts Carbon Monoxide Lawyer
Have you or a loved one been exposed to carbon monoxide and suffered harm as a result? You may have a right to financial compensation if the incident was caused by someone else’s negligence or disregard.
Attorney Robert Mazow has extensive experience representing families after a carbon monoxide injury or death and our team can do the same for you. Contact us today to learn more about your legal right to file a carbon monoxide lawsuit or to schedule your free initial consultation to discuss your case. Call now at (978) 744-8000 or toll-free at (855) 693-9084.
Robert E. Mazow, Partner
Rob Mazow is a founding partner of Mazow | McCullough, PC, where he represents injured victims and their families. As a former Assistant District Attorney in Essex County, Rob has tried over 100 jury cases. Unhappy with representing “big business,” he left a large Boston firm in 2003 and dedicated his new practice to holding wrongdoers accountable. Rob has recovered millions for families and has led impactful class actions protecting Massachusetts consumers. He tells his clients, “I can’t guarantee you a result. But what I can promise is that nobody will fight harder to get you the best result possible.”
