What General Counsel Should Know About Legionnaires’ Disease

A potentially fatal disease has resurfaced, and with it a nest of liability questions complicated by the fact that legionella-related claims are excluded in most standard insurance policies. Claims, under a negligence theory, have been brought against the owners and operators of hotels, hospitals, shopping malls and senior housing facilities. More recently, some manufacturers have been targeted by savvy plaintiff attorneys. Manufacturers of HVAC equipment, water heaters, water tanks, plumbing fixtures and supplies – as well as companies that include these items in their products, such as mobile home and travel trailer makers – are at risk.