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The Daily Mail has reported that a widow plans to sue Airbnb for £1.2million after her husband, 45, died from Legionnaires’ Disease caught while using a hot tub in a rented Malta holiday home.

Sandra Bermingham’s husband Paul died following a trip to Malta in 2015/16. The couple and their two children stayed in an Airbnb in Malta with their children and the apartment featured a hot tub which Mrs Bermingham insists was dangerous. Mrs Bermingham believes her husband picked up Legionnaires disease after using the hot tub.

The Daily Mail reported “Sandra Bermingham has set up a crowdfunding page to help pay legal fees and continue her six-year fight for compensation against the US-owned company. Her husband Paul died days after returning from a Christmas holiday at a farmhouse they had rented in Gozo, Malta, in 2016 from the popular site”.

“The 45-year-old father of two contracted Legionnaires disease from contaminated water said to come from the property’s hot tub. Sandra has been battling since 2016 – but the £4bn company has repeatedly refused to accept any liability for her husband’s death”.

Sandra said: ‘They have not shown any aftercare or concern for people who rent homes through their site. ‘All they are interested in is getting money from bookings. It has left me speechless how ruthless they are and uncaring.’

Construction worker Paul, Sandra, and their two children Darragh, 10, and Kate, 12, had booked a two-week stay with Airbnb over Christmas in 2015.

Sandra said Paul only used the hot tub once for a matter of seconds as he found the water too cold.

The children suffered no ill effects, but days after returning to their home in Islington, North London, Paul fell ill.

Water Chlorination

All hot tubs and other water facilities are susceptible to Legionella if control measures are not taken. If you own or manage property or business used by the public you must monitor and maintain proper disinfectant residuals and pH, even when not used.

Health and Safety Executive Guidance

The Health and Safety Executive (HSE) says

“Spa-pool systems are increasingly popular and can be found in a variety of sizes and settings. They are known by various names including hot spas, hot tubs, whirlpool spas and portable spas. Such systems pose a reasonably foreseeable risk as they are a recognised source of diseases caused by infectious agents, including the organism that causes legionnaires’ disease, primarily Legionella pneumophila. There have been several outbreaks linked to spa-pool systems in leisure centres, hotels, holiday homes, on cruise ships and on display”.

You can read the complete guidance from the HSE here.

What is Legionnaires’ Disease?

Legionnaires’ Disease is a lung infection you can get from inhaling water droplets from things like air conditioning or hot tubs containing the Legionella bacteria. It’s an uncommon disease – and a form of atypical pneumonia.

The Legionella bacteria are found naturally in freshwater (though you won’t usually get the disease from places like ponds, lakes, and rivers.

It can, however, contaminate hot water tanks and cooling towers, as well as humidifiers, spa pools, and taps and showers that are not used often, and can be aspirated through contaminated water into the human lungs.

Mains Chlorination

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What is legionella testing?

Legionella testing identifies the existence of Legionella bacteria often found in water systems which can pose a risk to the public. 

How frequently should you test for Legionella? 

Property managers, landlords, and those people who look after commercial premises should arrange to test as often as the Water Hygiene Risk Assessment dictates. Guidance on how often to test does vary, however, we recommend six-monthly checks on cold water inlets. 

Testing guidance from the Health & Safety Executive

The Health and Safety Executive (HSE) has indicated several situations whereby testing should be completed;

• Where the legionella control regime in place to treat a hot and cold water system is suspected to be inefficient
• Where ideal temperatures are not always obtained – hot water should be kept hot, and cold water cold
• Where there is doubt over concentrations of disinfectant in the system that could indicate a lack of control
• Where the situation is deemed high-risk for some other reason

Water Risk and Legionella legislation

The ACoP L8 “The Control of Legionella Bacteria in Water Systems” and The Health and Safety at Work Act 1974 are in place to ensure property managers comply with the strict requirements to keep water systems safe. This includes having regular Water Hygiene Risk Assessments completed on all workplace buildings where there is a foreseeable risk of exposure to Legionella bacteria.

Types of buildings that require legionella testing

• Hotels
• Gyms
• Leisure clubs 
• Retail buildings
• Offices
• Hospitals
• GP surgeries
• Commercial and private offices
• Warehouses
• Factories 

Outsource your Legionella testing

To keep the water safe in the building you look after we recommend you instruct a water hygiene company who is a member of the Legionella Control Association to conduct a legionella risk assessment and subsequent legionella testing.