Some people get through a bout of pneumonia seemingly without problems. A little cough and some difficulty breathing are all they seem to experience. Even these symptoms are gone in a couple of days. Legionnaires’ disease is a type of lung infection like pneumonia. Symptoms can be mild or severe enough to disrupt every aspect of your life.
Did you know that there were 421 cases of Legionnaires’ disease across Texas in 2019? This doesn’t mean you have a high chance of contracting the bacterial lung infection. However, it’s a pretty good indicator you may want to brush up on the injury claim process. This usually means understanding negligence and its impact on a Legionnaires’ disease claim.
What Causes Legionnaires’ Disease?
Legionnaires’ disease is caused by the Legionella bacteria found naturally in freshwater sources. Yep, the bacteria is probably present in your neighborhood freshwater lake. However, the bacteria is more likely to spread to your lungs from manmade water sources like an HVAC system, hot tub, showerhead, or even a drinking fountain.
The bacteria thrive in water sources with temperatures ranging between 77 to 122 degrees Fahrenheit. As you inhale tiny droplets of water, the bacteria enter your lungs resulting in Legionnaires’ disease. Symptoms of the disease typically include a cough, trouble breathing, fever, and muscle aches. If the disease isn’t promptly treated, you may be dealing with some long-term effects like constant fatigue and neuromuscular issues.
Who Can Be Liable for a Legionnaires’ Disease Outbreak?
If you come down with Legionnaires’ disease after a dip in a natural swimming hole, you’re going to have trouble filing an injury claim. Someone must be liable for your damages. In this case, someone must be responsible for allowing the bacteria to grow and thrive.
In a natural setting, this is tough. After all, you really can’t file an injury claim against Mother Nature. Even if the freshwater source is on public parkland, you’re still going to have trouble naming a liable party. Things are a little different on someone’s property, even if the building is owned by a commercial or government entity.
When the bacteria is present in manmade water supplies, the property owner, manager, or occupant is typically the liable party. This falls under premises liability laws. All property owners/managers must keep their premises free from hazards. This includes Legionella bacteria. If the individual responsible for the property isn’t maintaining the water supply system, they can be liable for damages you suffer from exposure to Legionnaires’ disease.
Key Elements of Negligence
Just because you’ve narrowed down the liable party doesn’t mean you’re ready to file a compensation claim. You must show the liable party is negligent. So, how do you prove negligence? You must meet four key elements. Don’t start panicking. The elements build off of each other. Once you can prove one that next element tends to fall into place.
Duty of Care
The first element of negligence is showing the liable party owes you a duty of care. This means establishing there’s a relationship between you and the defendant. No, it doesn’t have to be a romantic relationship or even a passing acquaintance.
You only need to show the defendant has an obligation to exercise a reasonable amount of care. In this instance, a reasonable amount of care is ensuring their property is free from hazards. This includes obvious hazards like broken glass on the ground and dangers they should know about like the presence of Legionella bacteria. Remember, it’s the responsibility of the property owner or manager to keep up with routine maintenance.
Breach of Duty
After establishing the property owner owes you a duty of care, the next step is showing they breached their duty. This is also when the term ‘reasonable individual’ gets tossed around a lot. Legally, a breach of duty occurs when the defendant doesn’t act in the way you expect from a reasonable person. Yep, this is a little vague and possibly confusing. What you consider reasonable behavior may be somewhat odd by others’ standards. Basically, the law looks at what the average behavior is in a specific situation.
Some examples include a reasonable individual will come to a stop at all red lights. A reasonable property owner will keep up with maintenance on the pipes and water storage systems. If the premises owner/manager fails to keep up with property maintenance, they may be guilty of a breach of duty.
Causation
You’re not quite done proving negligence. Showing a breach of duty isn’t enough to satisfy the legal requirements. You must show that the breach of duty is directly responsible for causing your damages. Since this is a Legionnaires’ disease claim, your damages probably include things like medical costs, lost wages, pain, and suffering.
Proving causation means linking your case of Legionnaires’ disease to the liable party. Since Legionella bacteria can take anywhere from two to eighteen days to start displaying symptoms, this can be a bit tough. You’re probably going to need to document every place you’ve been for up to two weeks before symptoms appeared. Even after finishing this step, you still haven’t satisfied all of the legal requirements. You must definitely prove your Legionnaires’ disease was contracted on the premises. This usually means submitting water samples to your local health department.
Damages
The water samples verify the presence of Legionella bacteria. You can finally move on to the last element of negligence. This is also usually the easiest one to prove. You’re showing your damages like medical expenses are directly caused by your exposure to the bacteria. Usually, things like your medical records, bills, and receipts are enough to satisfy this element of negligence. Your pay stubs can help prove lost income.
Filing a Legionnaires’ Disease Claim
Does determining liability and proving negligence sound like more than you want to take on? Don’t worry, you’re certainly not alone. Filing a compensation claim after exposure to Legionnaires’ disease is rarely easy. However, you can simplify the process by partnering with an experienced Houston-based Legionnaires’ disease attorney.