Toyota Smart Key Lawsuit Filed Over Carbon Monoxide Poisoning

A carbon monoxide poisoning has been filed against Toyota after one person died and another person was left with debilitating injuries when a Lexus was left running and not properly shut down due to the vehicle’s “smart key” system.

Mary Rivera, of Queens, New York, alleges that the use of a Toyota Smart Key contributed to her injuries and the death of Ernest Codelia, Jr. as a result of poisoning from carbon monoxide gas. According to a report by Courthouse News Service, Rivera claims that the smart key allowed her to leave her Lexus running in the garage under her home, which would not have occurred with a traditional car key.

Rivera alleges that the Toyota Smart Key’s design means that it is far easier to forget to shut the car off, or for a driver to press the button thinking that the engine was off when it is not. In addition, while Toyota touts the Lexus engines’ lack of noise, the complaint argues that this makes it even more difficult to tell whether the car has been turned off.

As a result of the smart key problem, Rivera suffered brain damage from carbon monoxide exposure and Codelia was killed after breathing carbon monoxide. Rivera has lost the ability to walk, has communication problems and cognitive damage, as well as pain and depression. She now requires 24-hour care.

The Toyota Smart Key is a fob that can attach to a key ring that starts the vehicle automatically or warms it up when the driver comes within range, depending on the settings. There is only a push-button ignition, with no key to insert, remove, or turn to start and stop the vehicle.  A number of users of Toyota Smart Keys have reported problems to the National Highway Traffic Safety Administration (NHTSA), saying that they accidentally left the engines running with the Smart Key in their pocket, the lawsuit claims.

Rivera seeks compensatory and punitive damages, claiming that Toyota is guilty of violating Federal motor vehicle standards, negligence, and product liability.

Carbon monoxide is a significantly toxic gas that is colorless, odorless, tasteless and lacks any sort of irritating factor that could allow someone to detect its presence. Leaks of carbon monoxide are the leading cause of fatal poisonings in the United States, injuring about 40,000 people annually. The first symptoms of CO poisoning, which could include headaches, nausea, light headedness and flu like symptoms, are often not attributed to a gas leak, potentially resulting in prolonged exposure.