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Water System Manufacturers Liability for Legionnaires’ Disease

Legionnaires’ disease, a serious lung infection caused by Legionella bacteria, can often be traced back to contaminated water systems in buildings. Water system manufacturers play a significant role in ensuring the safety of their products, and if defects or failures in the design or manufacturing of water systems contribute to the spread of the bacteria, they may be liable.

What is a Water System Manufacturer?

Water system manufacturers design and produce equipment like cooling towers, hot water tanks, pipes, and other components used in large water systems in residential, commercial, and industrial buildings. Under certain conditions these systems can foster Legionella bacteria, especially if they are not maintained at safe temperatures or if the water stagnates. While building owners and maintenance personnel are responsible for regular upkeep and disinfection, manufacturers are responsible for ensuring that the equipment they provide is designed and built to minimize the risk of contamination.

Grounds for Manufacturer Liability

If a water system is improperly designed, fails to work as intended, or lacks necessary safety features, it can create an environment conducive to Legionella growth. In such cases, the manufacturer may be liable if their product contributes to an outbreak of Legionnaires’ disease. There are several legal theories under which a water system manufacturer can be held liable

Product Defects

If the water system or its components are defective in design, manufacturing, or installation, that allows Legionella bacteria to grow. For example, a poorly designed cooling tower or water heater may fail to consistently maintain temperatures high enough to prevent bacterial growth. If the product fails to function as expected, it can be considered defective.

Failure to Warn

Manufacturers are required to provide adequate warnings about the risks associated with using their products. If the manufacturer fails to provide proper instructions or warnings about the potential for Legionella growth and how to mitigate this risk, they could be liable for illnesses resulting from misuse or lack of knowledge about proper maintenance protocols.

Breach of Warranty

Many water systems come with warranties that guarantee their performance. If a system fails to perform as warranted and that failure contributes to the growth of Legionella bacteria, the manufacturer could be liable under the product liability theory breach of warranty.

How a Lawyer Can Help

A Legionnaires’ disease lawyer can be instrumental in helping you hold a water system manufacturer liable if their products contributed to an outbreak. They will investigate the source of the Legionella bacteria, identify whether the water system was defective or improperly designed, and gather evidence to prove liability. An attorney will have the resources to hire and work with experts to demonstrate that the manufacturer failed to ensure their system met safety standards, leading to the disease.

A Legionnaires’ disease attorney will also handle all communication and negotiations with the manufacturer or their insurance company to secure fair compensation for medical bills, lost wages, and your other losses. Having a lawyer on your side can give you the peace of mind you need while you recover, as they will handle all legal aspects of your lawsuit and ensure deadlines are met.

Jory Lange: Experienced Legionnaire's Disease Attorney

Food Safety Lawyer Jory Lange

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