Clogged chimney, Lancaster landlord blamed for boy's carbon monoxide poisoning

By Carrie Bradon | Feb 26, 2019

LANCASTER — A father is seeking damages on behalf of his minor son, citing negligence and breach of an implied warranty of habitability, after the child allegedly suffered negative health consequences from a clogged chimney. 

Eric Carter Sr. filed the complaint Jan. 28 against Randall and Diane Lapp in the Court of Common Pleas of Lancaster County, alleging negligence and failure to provide a habitable property.

The complaint states the plaintiff and his minor son were residents of a building on N. Shippen St. in Lancaster when the incident took place. Beginning Dec. 10, 2015, the minor became ill and required transportation to a hospital for medical evaluation. 

The residency of the plaintiff was investigated and dangerous levels of carbon monoxide allegedly were discovered. The complaint states there no carbon monoxide detectors were found at the property. The suit states the cause for the carbon monoxide was a clogged chimney, which was compacted with debris and did not allow proper airflow throughout the home, resulting in poisonous gas accumulating within the house.

The plaintiff claims the defendant was negligent by failing to properly maintain the property and keep the chimney free and clear of debris; was negligent by failing to have a carbon monoxide detector on the premises; and was overall negligent by failing to provide a habitable property for the plaintiff and his son, despite an implied warranty of habitability.

The plaintiff claims his son will continue to suffer with health complications related to the incident for the foreseeable future, which has caused physical, emotional and financial distress for the family.

The plaintiff is seeking compensatory damages from the defendants for the medical expenses that the minor required for treatment of the condition, as well as damages in excess of compulsory arbitration limits. The plaintiff is represented by Stephen Held of Handler, Henning & Rosenberg in Harrisburg.

The Court of Common Pleas of Lancaster County Case No. is CI-19-00886.

Want to get notified whenever we write about Court of Common Pleas of Lancaster County, Pennsylvania ?

Sign-up Next time we write about Court of Common Pleas of Lancaster County, Pennsylvania, we'll email you a link to the story. You may edit your settings or unsubscribe at any time.

Organizations in this Story

Court of Common Pleas of Lancaster County, Pennsylvania

More News

The Record Network