Legionnaires’ Disease at Health Club

Source: sadlersports.com - Legionnaires’ Disease at Health Club
Author: John Sadler

The CDC estimates that 8,000 to 18,000 Americans are hospitalized each year after contracting Legionnaires’ disease. Legionnaires’ is a bacterium that thrives in water that is warm, stagnant and unsterile. An individual can only contract the disease by breathing in vapors that carry the bacteria; it cannot be transmitted from person to person. As a health club owner, you can decrease the risk of infecting your patrons by conducting regular water system maintenance.

A 24 Hour Fitness USA located in east Memphis is currently embattled in a $2 million lawsuit filed by Jerome Walsh after he contracted Legionnaires’ disease at the facility. He is one of three persons hospitalized between May 21 and June 21 of this year.

Corporate spokeswoman Robin Rootenberg however, maintains that the 24 Hour Fitness USA facility was regularly cleaned and maintained to industry standards. She also states that the chemicals used for cleaning are industrial grade. A third party has been brought in to conduct testing on the infected area, which currently remains closed. The company is engaged in environmental remediation with a firm approved by the health department.

Health Club and Fitness Club Insurance

Proper insurance is paramount to protecting your health and fitness club in the event of devastating claims such as this.  Which can involve multiple individuals alleging extreme damages.  However, many General Liability policies for health clubs include two exclusions which most eliminate coverage.

 Pollution Exclusion

All General Liability policies include the standard Pollution Exclusion.  A pollutant is defined as an irritant or contaminate in any form (solid, liquid, or gaseous).  So far most courts are reluctant to deny coverage for Legionnaires’ lawsuits when carriers invoke this exclusion as they don’t consider the bacterium to be a pollutant.

Fungi Or Bacteria Exclusion

Many General Liability policies include an endorsement that excludes Fungi or Bacteria which are present within a building or structure with the exception of those that are contained in a good or product intended for bodily consumption.  Since Legionnaires’ Disease is a bacterium, this exclusion could be invoked by the insurance carrier to deny coverage.  However, some courts have upheld coverage depending on the exact location in the facility where the disease was contracted.

Ensure your health club stays protected by adhering to all environmental and industry standard guidelines for the cleaning and maintenance of for your water systems, including Jacuzzis, saunas, and pools.

Visit the Health Club General Liability Insurance   page for website to get a quick quote.  We don’t require you to join an association to qualify for this coverage.

Source – Tennessee Health Club Sued Over Legionnaires’ Disease 

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