Risks and dangers
Risks for the Person Responsible
According to the highest judgment, the person responsible for a water supply system is fully liable for ensuring that drinking and hot water cannot pose any kind of danger.
This unlimited liability applies to every building and the person responsible, not just hotels, but every building.
The operator is responsible. This is usually the owner, but can also be the property manager, facility manager or energy supplier. According to the law, there is always someone responsible.
He is liable for any kind of hazards and illnesses caused by poor hygiene. This applies not only to drinking water but also to air conditioning systems, kitchens, swimming pools, wellness facilities, etc..
Article in the Tiroler Tageszeitung on the judgment of the Supreme Court as .pdf
Civil and Criminal Consequences
The person responsible bears the full risk, criminal liability and all civil claims for damages.
In the case of an infection by Legionella, the patient can become seriously ill or even die. In many cases, patients are unable to work for a long time or even permanently. The claims for damages can then be enormous:
- Loss of earnings
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Treatment costs intramural and extramural
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Personal injury compensation
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Pension payments
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The costs can run into the millions
- Legal, expert and court costs
In addition, there is criminal liability. In the event of death, a prison sentence is to be expected.