Most of the time, Legionnaires’ disease cases depend on whether you can prove that a property owner didn’t keep the water system safe. It seems complicated, but the main point is to prove that someone let harmful bacteria grow when they should have prevented it.
Houston is a big city with a humid climate that can make bacteria more likely to grow in water systems if they aren’t kept clean. Large plumbing systems, cooling towers, and complex water features are all important parts of a lot of buildings. These systems need to be inspected from time to time because warm weather encourages Legionella growth.
Issues might arise with properties that serve thousands of people every day if there is no proper maintenance. People often hire a Legionnaires’ disease lawyer in Houston when that happens, especially if they want to know how the outbreak started. This article explains how liability is proven in such cases.
What Do You Need to Prove in a Legionnaires’ Disease Case?
To prove that someone is liable, you need to show four elements of negligence.
1. Did the Property Owner Have a Duty of Care?
It is the duty of every property owner to keep their water systems safe. This includes places like hotels, hospitals, residential buildings, and places of work. The owner needs to do everything to stop Legionella bacteria from growing if they are in charge of the system.
2. Was That Duty Breached?
When owners don’t follow safety rules, that’s called a breach. Common examples are:
- No regular water tests.
- Didn’t listen to warnings from tenants or inspectors.
- Didn’t keep maintenance logs or have a water management plan.
The CDC says that proper water system maintenance can help stop outbreaks; thus, these lapses matter. It’s easy to establish that someone didn’t act responsibly when there is poor maintenance.
3. Can You Link Your Illness to the Property?
Causation is the most challenging to prove. You need to prove that:
- You were there during the bacteria’s incubation period. This is usually between 2 and 10 days.
- Tests detected Legionella in the building’s water.
- Medical tests showed that the same strain of bacteria was in your body.
4. Did the Sickness Cause Real Harm?
You also need to prove damages. People often use:
- Medical records and lab tests
- Hospital bills and receipts
- Records of time off or proof of missed wages
- Notes or testimony about discomfort, problems breathing, or long recovery times
These records show how the sickness affected the person both physically and emotionally.
What Evidence Can Make Your Case Stronger?
A strong case usually has a lot of evidence that all fits together.
Some useful documents are:
- Water test results from the property
- Maintenance reports that show what was or wasn’t done
- Notes from health departments that checked out the property
- Statements from other guests, residents, or workers
- Expert testimony from medical and environmental experts
These things help show that the property’s unclean water caused your illness.
Key Takeaways
- Duty, breach, causation, and damages are the main parts of Legionnaires’ claims.
- Records from the water system are often the best evidence.
Testimony from experts helps connect the growth of bacteria to your sickness.
Oliver Johnson is LawScroller’s Senior Legal Correspondent specializing in civil litigation, class actions, and consumer lawsuit coverage. He breaks down complex settlements and court decisions into clear, practical guidance for readers.