Maintenance Contractors Liability for Legionnaires’ Disease

Maintenance contractors play a critical role in preventing Legionnaires’ disease outbreaks. However, when they fail to perform their duties as expected, they can be held liable for the damages caused by their negligence.

What is the Maintenance Contractors’ Role?

Maintenance contractors are often hired by property owners to service and manage water systems, including HVAC units, cooling towers, and plumbing. Their primary responsibilities involve cleaning, testing, and maintaining these systems to prevent the buildup of harmful bacteria like Legionella. Given that Legionella thrives in stagnant or improperly treated water, routine maintenance is crucial to preventing the bacteria from spreading through water droplets or mist in buildings, factories, or recreational facilities. When a contractor is hired to perform these duties, they assume a level of responsibility to ensure that the water systems are free from contaminants.

Types of Negligence by Maintenance Contractors

Several forms of negligence can result in a contractor’s liability for Legionnaires’ disease, for instance:

• Failure to Clean and Disinfect Water Systems: Legionella bacteria thrive in stagnant water or systems that aren’t cleaned regularly.
• Improper Water Testing: Contractors are expected to routinely test water systems for signs of contamination.
• Failure to Maintain Proper Water Temperatures: Legionella bacteria multiply in water temperatures between 68°F and 122°F (20°C – 50°C). Contractors must ensure that hot water systems are maintained at temperatures outside this range to limit bacterial growth.
• Inadequate Record Keeping: Contractors are required to keep detailed records of all maintenance activities, water testing, and disinfection procedures. Inadequate or missing records can demonstrate negligence.

How Do You Prove a Maintenance Contractor is Liable for Legionnaires’ Disease?

To hold a maintenance contractor legally responsible for a Legionnaires’ disease outbreak, several legal elements must be established:

Duty of Care

The contractor must have had a clear contractual obligation to maintain the water systems in question. This means they were hired specifically to perform services like cleaning, water testing, or maintenance of HVAC systems.

Breach of Duty

The contractor must have failed to perform their duties in line with industry standards or safety regulations. This could involve, for example, not cleaning water tanks or cooling towers as required, skipping inspections, or not addressing known risks of contamination.

Causation

There must be a clear link between the contractor’s negligence and the Legionnaires’ disease outbreak. This can be established through water testing records, health inspection reports, or expert testimony linking the outbreak to the contractor’s failure.

Damages

The victim(s) must have suffered harm, such as illness, hospitalization, or death, as a result of the Legionnaires’ disease outbreak. Medical records and expert testimony can demonstrate the severity of the harm.

How Can a Lawyer Help?

A Legionnaires’ disease lawyer can help you hold a maintenance contractor liable by investigating, gathering evidence, and building your case. They will gather and examine maintenance records, water testing reports, health inspection reports, and adherence to safety protocols to identify if the contractor failed to meet their duty of care. An attorney also has the resources to hire experts to testify and link the contractor’s actions (or inactions) to your illness.

Your legionnaires’ disease lawyer will create a compelling argument demonstrating the contractor’s liability and will negotiate with insurers or represent you in court to secure compensation for medical costs, lost wages, and your pain and suffering.