LEGIONNAIRES' DISEASE: THE IMPACT OF AN OUTBREAK FROM A LEGAL PERSPECTIVE

摘要

The threat of litigation is present whenever the presence of Legionella bacteria results in illness. Liability may arise against a variety of defendants and under a number of different legal theories. While there is no sure way to protect against liability, an examination of the current legal landscape should provide guidance on how to deal with this threat. This paper will survey potential liability issues associated with an outbreak of Legionnaires' Disease. Specifically, it will review reported case law to date, focusing on those cases involving tort and contract law issues. It will examine not only the issues involved and how the courts handled them, but also what actions by the defendants precipitated the lawsuits. Additionally, there will be a discussion of how various agencies, both government and private, have handled the concerns surrounding Legionella. Finally, there will be an analysis of the costs and benefits associated with implementing risk minimization plans and conducting "due diligence".