All fields are required
Legionnaires’ disease is a severe pneumonia caused by Legionella bacteria found in poorly maintained water systems. In El Paso, the warm climate and widespread use of cooling systems can contribute to the growth of this harmful bacterium. If you or a loved one has been diagnosed with Legionnaires’ disease, you may be entitled to compensation. Contact the Lange Law Firm, PLLC today to schedule a free consultation and explore your legal options.
Symptoms of Legionnaires’ disease usually appear 2 to 10 days after exposure and include:
Although treatable with antibiotics, the disease can be life-threatening, particularly for older adults, smokers, or individuals with weakened immune systems.
Liability for Legionnaires’ disease often falls on those responsible for maintaining and managing water systems. Potentially liable parties include:
Negligence in maintaining plumbing, cooling towers, or ventilation systems can lead to Legionella growth and exposure.
Hotels, Hospitals, and Nursing Homes
These facilities have a duty to provide safe water systems for guests, patients, and residents. Outbreaks linked to these settings are often due to poor maintenance or lack of testing.
Employers and Business Owners
If an employee contracts Legionnaires’ disease due to unsafe water systems at work, employers may be liable under workplace safety regulations.
Maintenance and HVAC Companies
Companies responsible for maintaining cooling towers, HVAC systems, or plumbing can be held accountable if improper cleaning or maintenance leads to contamination.
Manufacturers and Distributors
Defective water systems, filters, or plumbing equipment that contribute to Legionella growth can make manufacturers and distributors liable.
In Texas, individuals who contract Legionnaires’ disease due to exposure to Legionella bacteria may seek legal recourse under premises liability and products liability laws. These legal frameworks establish the responsibilities of property owners and product manufacturers in preventing these illnesses.
Premises Liability
Property owners and occupiers by law owe a duty of care to individuals entering their premises. This duty requires maintaining the property in a reasonably safe condition to prevent harm from hazards, including those that could lead to Legionella contamination. Failure to uphold this duty may result in liability for any resulting illnesses.
The Texas Civil Practice and Remedies Code § 75.002 outlines the limitations of a property owner’s liability, stating:
“An owner, lessee, or occupant of real property… does not owe a duty of care to a trespasser on the property and is not liable for any injury to a trespasser…”
However, for lawful visitors, property owners must address known hazards and conduct regular maintenance to prevent conditions conducive to Legionella growth.
Products Liability
In cases where Legionnaires’ disease is linked to defective products, such as malfunctioning water systems or components, Texas products liability law applies. Tex. Civ. Prac. & Rem. Code § 82.001 defines a “products liability action” as:
“Any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product…”
Under this statute, manufacturers and sellers can be held strictly liable if a defect in their product causes illness, which means you do not have to demonstrate negligence.
Statute of Limitations
Texas law imposes time limits for filing personal injury claims. According to the Tex. Civ. Prac. & Rem. Code § 16.003(a):
“A person must bring suit for… personal injury… not later than two years after the day the cause of action accrues.”
In other words, individuals have two years from the date they were diagnosed with Legionnaires’ disease to file a lawsuit. Failure to do so within this period may result in the loss of the right to seek compensation.
If you or a loved one has been affected by Legionnaires’ disease in El Paso, contact the Lange Law Firm, PLLC at (833) 330-3663 or message us online to schedule a free consultation. Our experienced legal team is here to help you understand your rights, navigate the legal process, and pursue justice for your suffering.