Climate Change and Legionnaires’ Disease

Climate change presents a number of challenges for the travel industry, and one area receiving increasing attention is Legionella risk. Changes in climate and weather patterns have been identified as factors that may influence both the ecology of Legionella bacteria and exposure to water aerosols that may contain the bacteria.

For tour operators, travel businesses and accommodation providers, understanding this risk is important not only from a customer safety perspective but also from a liability and claims management standpoint. 

• What is Legionnaires’ disease?
• Why climate change is part of the conversation?
• Travel industry liability considerations
• Legionella prevention measures
• Why early notification matters

 

What is Legionnaires’ disease?

Legionnaires’ disease is a serious form of pneumonia caused by Legionella bacteria. Potential complications include respiratory failure and, in some cases, the illness can be fatal.

The disease is most commonly contracted by inhaling small water droplets containing the bacteria. More rarely, infection can occur through aspiration of contaminated drinking water. Legionnaires’ disease is generally not spread from person to person.

While many healthy individuals exposed to Legionella do not become unwell, certain groups are considered to be at increased risk, including:

• Smokers
• Older adults
• Individuals with certain underlying health conditions

Legionnaires’ disease is also a notifiable disease in the UK, meaning suspected cases must be reported promptly to the relevant health protection authorities.

 

Why climate change is part of the conversation?

The European Centre for Disease Prevention and Control (ECDC) has highlighted climate and weather pattern changes as factors that may impact Legionella bacteria and exposure risks.

Legionella can grow in a variety of water systems, including:

• Cooling towers
• Air-conditioning units
• Showers
• Hot tubs
• Humidifiers

Conditions can become particularly favourable for Legionella growth when water temperatures range between 25°C and 42°C and where low usage results in stagnant water.

These factors highlight the importance of effective water management and monitoring across hospitality and travel accommodation settings.

 

Travel industry liability considerations

Under the Package Travel and Linked Travel Arrangements Regulations 2018, tour operators may be responsible for illness or injury suffered by passengers during a package holiday, regardless of whether the relevant services are provided directly or by a third-party supplier.

Where a case of Legionnaires’ disease is linked to travel arrangements, tour operators may face allegations of liability and associated claims.

Given this potential exposure, it is important for tour operators to engage with suppliers to ensure that appropriate Legionella control measures are in place within water systems at their properties.

 

Legionella prevention measures

Measures that can help reduce Legionella risks within water systems:

• Regular maintenance and cleaning: Water systems, including plumbing systems, hot tubs and decorative water features, should be regularly maintained, cleaned and disinfected.

• Temperature control: Hot and cold-water systems should be maintained within recommended temperature ranges to reduce conditions favourable to bacterial growth.

• Preventing water stagnation: Adequate water flow and circulation can help minimise the risks associated with stagnant water.

• Disinfection following low occupancy: Water systems should be disinfected before the start of a season or after periods of low occupancy.

• Monitoring and record keeping: Appropriate monitoring, testing and record-keeping procedures can support effective Legionella management.

 

Why early notification matters

From a claims perspective, Legionnaires’ disease can present unique challenges. Establishing where exposure occurred, preserving evidence and obtaining timely medical information can all influence the management and outcome of an incident.

 

“Legionnaires’ disease can be contracted from a wide range of environmental sources and establishing causation is often a key area of dispute. Early enquiries can help identify whether the affected individual spent significant time away from the accommodation and was exposed to alternative potential sources, such as bars, restaurants, beach facilities, water features or other public water installations. In some investigations, exposure to aerosolised water from sources as commonplace as decorative fountains or sprinkler systems has been identified as a potential source of infection.

A thorough investigation, combining auditing/testing of the holiday premises whilst gathering detailed information about a claimant’s movements and activities at an early stage can therefore be crucial in assessing liability and preserving valuable causation information.”

Gareth Thomas, Partner – Major Casualty & Injury at DWF

It is important that policyholders understand when concerns should be notified and what information may be required. Early notification provides a greater opportunity to gather relevant evidence, investigate circumstances promptly and support policyholders in managing potential exposures effectively.