ARE YOU TAKING LEGIONNAIRES’DISEASE(LD) SERIOUSLY ENOUGH? Take the test
Did You Know?
The United Kingdom (UK) is Barbados’s and the region leading source market. Tour operators are liable under the UK Package Travel and Linked Travel Arrangement Regulations 2018 (The Regulations). Under Regulation 33, persons other than the principal offender can be liable for damage sustained by a traveler. In this case, the tour operator would be the principal offender and hotels qualify as other persons. To date some hotels in the region have been held liable for negligently exposing patrons to the organism.
Are You In Compliance With Existing Regulations?
Implementing a water management program the right thing to do for the people who spend time in your building and is cost effective for your organization. Building operators that manage water systems demonstrate good corporate citizenship.
Preventing Legionella also protects you against loss of business, brand damage and legal risk. In litigation pertaining to Legionnaires’ disease, several guidelines have been used as a basis for determining “Standard of Care”/Duty of Care – whether the building operator exercised reasonable care in preventing disease associated with their water system.
Can You Defend Your Policies Based on Expert Opinions?
As noted by legionella experts " An attorney’s case against your water management practices is only as strong as the opinion of a qualified expert. The same goes for your defense. It’s not enough to have just any water management program it must be comprehensive" .
Do You Know Whether Your Liability Insurance Covers Legionella-Related Claims?
Building operators should be able to rely on their insurance coverage to pay the settlement (or in rare instances, the jury verdict), attorney fees, expert fees and other expenses associated with a suit over Legionnaires’ disease. But in recent years, some insurance companies have attempted to deny coverage based on policy exclusions (e.g. for pollution or bacteria) – sometimes successfully, sometimes not.
Find out whether your liability policy will pay Legionella claims.
It Must Work!
Implementing your risk management program and documenting the procedures are crucial for legal risk, too. If duty of care is not exercised It makes an easy case for the plaintiff’s attorney.
How did you score? Since the test covers only the basics, passing requires a yes to all five questions. If you failed, don’t panic; just get started on changing any nos to yeses.
