Legal Action
We encourage all consumers to take legal action as we consider it is a way to improve standards.
Inquests
We are always willing to advise you if sadly you have lost someone. You could also contact
the charity Inquest, Tel 0181 802 7430, but they do not specialise in CO poisoning
or other gas problems.
A. Criminal Proceedings
Only the Crown Prosecution Service can prosecute an imprisonable offence in these cases, (after a police investigation). There have been two successful prosecutions for manslaughter by gross negligence against landlords and fitters with resulting terms of imprisonment, ( from 9 months suspended to two years immediate) with regard to the deaths of Sonja Hyams (Nov 1996) and Paul Foster (Feb 1996).
The Health and Safety Ececutive can only prosecute offences for which the only punishment
is a fine in these cases.
Please note that the function of the police and the HSE is to investigate and prosecute.
They do not exist to help you as a victim or as the family of the victim. To obtain someone
to help you, you need a lawyer. See Below.
B. Civil Proceedings
If you have suffered personal injury as a result of Carbon Monoxide poisoning, consider
bringing a civil legal action against your landlord and/or gas fitter etc. This will
hopefully deter him/her from causing CO poisoning to others as well as providing you with
some recompense.
You will need:-
1. A good solicitor.
The Gas Consumers Council, (Tel. 0171 931 0977) has a list supplied by CO-Gas Safety. You may be eligible for Legal Aid or you could try a "no, win no fee" basis (personal injuries). This sum can vary, so ask your solicitor about this. This way of payment will also cover:-
2. An expert engineer's report.
Do NOT rely upon the report which may be prepared by the Health and Safety Executive as whatever you are told, this report is privileged and you are extremely unlikely to receive it. Do NOT allow HSE to examine your appliance unless it is in the presence of your expert, (because the evidence you wish to rely upon will be altered or destroyed).
3. Evidence to show you have been exposed to CO and that you have suffered damage, (e.g. ideally, a blood test and expert doctor's report).
The HSE is short of resources - in 1996/7 it only investigated 4% of the 50,000 major incidents (includes amputations and blindings) and only 15% of the 359 cases of gassing, poisoning and asphyxxiation - these are HSE's own figures, published by the Institute of Employment Rights, Tel 0171 738 9511.
Further Information and Help for Victims/Families
CO-Gas Safety is an independent charity staffed by volunteers,
victims and their families.We are funded by John Ball MBE who has fought the scourge of
CO poisoning for over thirty years. We have recently received a small unconditional (apart
from formalities) grant from the DOH and some further unconditional funding from a lady whose
sister died from CO.
CO-Gas Safety was founded by Molly Maher, mother of two CO victims, and Nigel Griffiths MP, and launched at the house of Commons on January 25th 1995.
Further information:Stephanie Trotter - President of CO-Gas Safety, Lorien House, Common Lane, Claygate, Surrey KY10 0HY. - Tel. 01372 466135 - Fax 01372 468965
©Stephanie Trotter 1999
