Liability & legionnaires’ disease, by Matthew Chapman & Paul McClorry
Legionnaires’ disease is a rare condition. Litigation arising out of the contraction of legionnaires’ disease is rarer still. Kemp & Kemp has a section devoted to legionella: it contains just two cases (the more recent, a decision from 2006).
In January 2005, guidance was produced by the European Surveillance Scheme for Travel Associated Legionnaires’ Disease (EWGLINET) and the European Working Group for Legionella Infections (EWGLI) on the risks associated with travel and hotel facilities where the use of complex water systems, an abundance of wet leisure facilities and, often, a high turnover of staff can result in legionella growth. EWGLINET published guidance on legionella prevention.
It is not uncommon for an overseas hotelier, faced with a legionnaires’ disease claim brought against a tour operator, to show that reasonable efforts were made to comply with the EWGLINET guidance. In other words, tour operators generally wish—for obvious reasons—to defend legionella cases on the ground that reasonable care and skill was exercised in the maintenance of a hotel’s water supply. Clearly, recourse to a fault-based
