Legionella Outbreak at Billings Hotel Raises Questions About Property Owner Responsibilities

A Legionella outbreak at a Billings hotel has prompted health officials to notify guests who stayed at the Howard Johnson by Wyndham on Mullowney Lane, warning them of potential exposure to bacteria that can cause serious pneumonia. According to RiverStone Health and the Montana Department of Health and Human Services, multiple guests became sick with Legionella-related illness within the past year after staying at the property.

Water testing conducted by RiverStone Health in April found that the majority of samples from the hotel tested positive for Legionella bacteria. All guests who stayed at the property since March 16th have been notified of the potential exposure, and the hotel is now working with contractors to remediate its water system.

As a Montana personal injury attorney who has represented clients in premises liability cases throughout the state, I’m writing this to help people understand what Legionella is, what legal responsibilities hotels have to maintain safe water systems, and what rights you have if you or a loved one became sick after staying at a hotel with contaminated water.

What Is Legionella and How Do People Get Sick?

Legionella is a bacteria that causes Legionnaires’ disease, a severe form of pneumonia that can be deadly. According to the Centers for Disease Control and Prevention, about 1 in 10 people who contract Legionnaires’ disease die from the infection. The disease is named after a 1976 outbreak at an American Legion convention in Philadelphia that killed 29 people.

Legionella bacteria naturally occur in freshwater environments, but they become a health hazard when they grow and spread in human-made water systems. The bacteria thrive in warm water between 77°F and 113°F, particularly in systems where water sits stagnant for long periods.

How Legionella Spreads in Hotels

In hotel settings, Legionella bacteria commonly grow in hot water heaters, storage tanks, plumbing systems with dead-end pipes or unused faucets, showers in low-occupancy rooms, hot tubs with inadequate disinfectant levels, and cooling towers.

People become infected when they breathe in small water droplets containing the bacteria during showers, from faucets, hot tubs, or any other water source that creates a mist. The disease does not spread from person to person.

Symptoms and Who Is at Risk

Symptoms of Legionnaires’ disease typically appear 2 to 10 days after exposure and include high fever (often 104°F or higher), cough, shortness of breath, muscle aches, headache, and sometimes confusion or gastrointestinal symptoms.

Adults 50 or older, current or former smokers, people with chronic lung diseases or weakened immune systems, and those with conditions like diabetes or kidney disease face significantly higher risk.

RiverStone Health has specifically advised anyone who stayed at the Howard Johnson in Billings and experienced these symptoms within 30 days of their stay to seek medical attention immediately and contact RiverStone Health Public Health Services at 406-247-3305.

Hotel Owners’ Legal Duty to Maintain Safe Water Systems

Property owners in Montana have a legal obligation to maintain their premises in a safe condition for guests. This duty extends to all aspects of the property, including water systems that could harbor dangerous bacteria like Legionella.

Industry Standards for Legionella Prevention

The CDC has published comprehensive guidance for hotel owners and managers on preventing Legionella growth. Hotels are expected to maintain hot water systems at 120°F or higher, regularly flush water heaters, monitor disinfectant levels in hot tubs, address low occupancy that can decrease water flow, prevent water stagnation in pipes, and conduct regular testing for Legionella.

According to the CDC, about 1 in 7 people who contract Legionnaires’ disease reported staying overnight at hotels in the two weeks before they became ill, making proper water system maintenance critical in the hospitality industry. The COVID-19 pandemic highlighted particular risks when buildings have low occupancy or extended closures that allow water to sit stagnant in pipes.

Montana Premises Liability Law

When a hotel or other property owner fails to maintain safe conditions and someone gets injured as a result, Montana law provides a path to hold them accountable. Premises liability cases require proving several elements:

A Dangerous Condition Existed: In a Legionella case, this means bacteria grew in the water system to levels that posed a health risk to guests.

The Property Owner Knew or Should Have Known: Hotels are expected to follow industry standards for water system maintenance and testing. The CDC guidelines and industry standards like ASHRAE 188 establish what reasonable hotel operators should know and do to prevent Legionella growth.

Failure to Take Appropriate Action: If a hotel knew water systems posed a risk but failed to implement proper controls, maintain adequate temperatures, test for contamination, or remediate known problems, this can constitute negligence.

The Condition Caused Your Injury: Medical records, testing results showing Legionella in both the hotel’s water and your diagnosis, and the timeline of your stay and symptom onset help establish this connection.

Montana’s Statute of Limitations

Montana law generally gives you three years from the date of injury to file a personal injury lawsuit. However, in disease cases like Legionnaires’, the “date of injury” may be when you were diagnosed or when you reasonably should have discovered that your illness was connected to the hotel stay. Given the potential complexity around these timelines, consulting with an attorney soon after diagnosis is important to protect your rights.

Damages You May Recover

If you contracted Legionnaires’ disease from contaminated hotel water, you may be entitled to compensation for medical expenses (including hospitalization and ongoing treatment), future medical costs if you suffer lasting complications, lost wages and earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. About 10% of people who contract Legionnaires’ disease die from it, and many survivors experience lasting complications.

What to Do If You Stayed at the Howard Johnson in Billings

If you stayed at the Howard Johnson by Wyndham at 1345 Mullowney Lane in Billings since March 16, 2025:

If You’re Experiencing Symptoms

Seek medical attention immediately if you develop symptoms of Legionnaires’ disease within 30 days of your stay. Tell your healthcare provider you stayed at a hotel with confirmed Legionella contamination, the specific dates of your stay, and what water features you used. Contact RiverStone Health at 406-247-3305 and request specific testing for Legionella pneumophila.

Even If You’re Not Sick

Preserve documentation including hotel receipts, reservation confirmations, notification letters from RiverStone Health or the hotel, photos of your room, and contact information for anyone who stayed with you. Monitor for symptoms for up to 30 days after your stay.

Before Accepting Any Settlement

Do not sign anything or accept any payment without first consulting with an attorney. Early settlement offers frequently fail to account for future medical complications, lost earning capacity, the full extent of your pain and suffering, or your right to full compensation under Montana law.

How Bliven Law Firm Can Help

At Bliven Law Firm, P.C. we represent Montana families in premises liability cases where property owners failed to maintain safe conditions. Legionella cases require coordinating medical records, water testing results from health authorities, and expert analysis. We understand industry standards from the CDC and ASHRAE that establish what reasonable hotels should do to prevent contamination.

Cases may involve the property owner, franchise operator, maintenance contractors, or others responsible for water system management. We identify all potentially liable parties and handle all communications with insurance companies so you can focus on recovery. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

The Importance of Accountability

The Legionella outbreak at the Howard Johnson in Billings serves as a reminder that hotel guests have a right to safe, properly maintained water systems. The CDC’s guidance is clear: hotels can prevent Legionella contamination through proper water management programs, regular testing, and appropriate response when problems are identified.

When hotels fail to meet these basic safety standards and people get sick as a result, accountability matters – not just for individual victims, but to protect future guests throughout Montana’s hospitality industry.

Contact Us for a Free Consultation

If you or a loved one became ill after staying at the Howard Johnson in Billings or any other Montana hotel, contact Bliven Law Firm for a free, confidential consultation. Time is critical in these cases – evidence can be lost, health department reports may be finalized, and legal deadlines approach.

Call Bliven Law Firm or fill out our online contact form to schedule your free case evaluation. As Montana personal injury attorneys dedicated to protecting Montana families, we’re here to listen to your story, answer your questions, and help you understand your options.

RiverStone Health took action to notify guests and require remediation. Now it’s time to ensure that victims get the justice and compensation they deserve as they work toward recovery. That’s what we do at Bliven Law Firm – we fight for Montana families when they need it most.