Can the Government Be Liable for Legionnaires’ Disease?

Posted in Legionnaire's disease on June 11, 2026

The government can be liable for Legionnaires’ disease when a public agency, public facility, or government employee causes or allows unsafe water conditions that expose people to Legionella bacteria.

When a Government Entity May Be Responsible

A government entity may be responsible if it owned, operated, managed, or maintained the contaminated water system. Possible liable government defendants include:

• Public hospitals or Veterans Affairs medical centers.

• Public nursing homes or long-term care facilities.

• Jails, prisons, or detention centers.

• Public schools, colleges, or universities.

• Public housing authorities.

• Municipal buildings or courthouses.

• Government-run pools, spas, fountains, or recreational facilities.

• Public water systems or utility departments.

Legionnaires’ disease spreads when people inhale water droplets contaminated with Legionella. The bacteria can grow in building water systems, cooling towers, hot tubs, fountains, showerheads, faucets, and other systems that create mist.

Examples of Government Negligence in Legionnaires’ Cases

Government liability usually involves preventable water safety failures. Common examples include:

• Failing to create or follow a Legionella water management program.

• Ignoring unsafe water temperatures.

• Allowing stagnant water in unused pipes or fixtures.

• Failing to clean cooling towers, hot tubs, tanks, or plumbing systems.

• Ignoring prior positive Legionella test results.

• Delaying repairs after complaints or known contamination concerns.

• Failing to notify people after discovering a potential outbreak.

• Using poor maintenance practices in a high-risk facility, such as a hospital or prison.

The main question is whether the public agency missed warning signs or failed to maintain the system before a preventable exposure occurred.

Harlem Legionnaires’ Disease Lawsuit Against New York City

A recent Harlem Legionnaires’ disease lawsuit shows how government entities can become defendants after an outbreak. In May 2026, the City of New York was named in a lawsuit in connection with a 2025 Harlem Legionnaires’ disease outbreak. The lawsuit named three New York City defendants:

• New York City Health + Hospitals Corp.

• The NYC Public Health Laboratory, also known as the New York City Department of Health and Mental Hygiene

• New York City Economic Development Corporation.

Two city-owned buildings were at the center of the outbreak: Harlem Hospital and a building under construction at 40 West 137th Street. The lawsuit points to cooling tower maintenance as a key issue. According to the attorneys involved, the outbreak could have been prevented if the building owners and contractors had properly treated the water, used appropriate antimicrobials, and maintained the cooling towers. At least 114 illnesses were reported, 90 hospitalizations, and seven deaths.

Federal Government Liability

If the exposure involved a federal facility or federal employee, the Federal Tort Claims Act may apply. Under federal law, the United States can be liable in the same manner and to the same extent as a private individual under similar circumstances.

However, federal claims have strict procedural rules. Before filing a federal lawsuit, the injured person must first file an administrative claim with the federal agency connected to the exposure. For example, a claim involving a Veterans Affairs hospital would usually start with the Department of Veterans Affairs, while a claim involving a federal prison would usually start with the Bureau of Prisons. The agency then has six months to respond. If the agency denies the claim or does not act within six months, the injured person may move forward with a lawsuit.

State and Local Government Liability

If the exposure involved a city, county, state agency, public hospital, school district, or public housing authority, state government claim rules may apply. These claims often require a formal notice before a lawsuit can begin. The notice usually must identify the injured person, the public agency involved, where the exposure happened, how the claim arose, and the injuries or damages claimed.

The deadline can be much shorter than a normal personal injury statute of limitations. For example, New York generally requires a notice of claim within 90 days for tort claims against public corporations, and California generally requires personal injury claims against public entities to be presented within six months.

Private Contractors May Also Be Liable

A government facility may not be the only responsible party, for example private maintenance companies, water treatment contractors, plumbing companies, cooling tower vendors, or property management companies. These parties may also share liability if they failed to test, treat, repair, clean, or monitor the water system properly.