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Legionnaires’ disease is a severe form of pneumonia caused by the inhalation of water droplets containing Legionella bacteria. Property owners and managers are responsible for maintaining these systems to prevent the growth and spread of the bacteria. Failure to do so can result in legal liability, particularly if tenants, guests, or employees contract Legionnaires’ disease due to their negligence.
Property owners and managers have a legal duty of care to ensure that their buildings are safe for occupants and visitors. This includes taking preventive measures to control the growth of Legionella bacteria in water systems. Neglecting to maintain water systems properly, failing to implement appropriate disinfection protocols, or ignoring water treatment standards can make property owners liable if someone contracts Legionnaires’ disease on their premises.
Some of the key areas where property owners need to maintain water systems due to the potential of Legionella bacteria to thrive and spread include:
These are common sources of Legionella outbreaks. Regular cleaning and disinfection is critical.
Stagnant or warm water in pipes can foster Legionella. Maintaining appropriate water temperatures and flushing systems regularly is necessary.
Hot Tubs and Fountains
Public and private hot tubs, if not properly disinfected, can become breeding grounds.
Legionellosis does not spread from person to person.
To establish liability in a Legionnaires’ disease case, certain elements need to be proven. These include:
Duty of Care
The individual or company owned or managed the property and had a duty to prevent hazards, including the growth of Legionella bacteria.
Breach of Duty
There must be evidence that they failed to take reasonable precautions, such as neglecting water treatment systems, failing to inspect or maintain equipment, or ignoring health and safety regulations.
Causation
You must show that your illness was directly linked to the property owner or manager’s negligence.
Damages
Evidence that the illness caused harm, such as medical bills, lost wages, or long-term health impacts.
Victims of Legionnaires’ disease may pursue compensation for current and future medical costs, lost wages, pain and suffering, and even punitive damages if gross negligence is involved. Additionally, regulatory agencies may impose fines or penalties on properties that do not comply with safety regulations.
A Legionnaires’ disease lawyer can help victims by investigating the source of the outbreak, determining liability, and building a case to help them hold responsible parties accountable. They will gather evidence, such as maintenance records or health inspection reports, to prove negligence by property owners or managers, medical records, and expert testimony to connect the outbreak to the source. A Legionnaire’s disease lawyer will also handle all negotiations on your behalf to ensure you are not taken advantage of by insurance companies and you receive a fair settlement. If necessary, they will represent you in court to fight for the maximum compensation possible under the law.