Golf resort fined £120,000 for 'entirely avoidable' death of guest who contracted Legionnaires' disease

By Mike Farrell

An award-winning Scottish golf resort has been fined £120,000 after a guest died who contracted deadly Legionnaires’ disease during a stay there.

Piperdam Golf and Leisure Resort was found to have breached health and safety legislation, which led to the death of the guest after he caught the fatal infection which was present in a hot tub.

In March 2008, Edward Warnes and his family spent a week at one of the lodges at the facility in Fowlis, Angus, near Dundee.

On their return home to England, Mr Warnes, 60, and his partner became unwell. At the time, they believed that they had flu.

Days later Mr Warnes’ partner was found to be suffering from Pontiac fever, a short, feverish form of Legionnaires’ disease.

Although she recovered from being unwell, Mr Warnes’ condition deteriorated and he was admitted to hospital on April 9, 2008, where blood tests confirmed he had Legionnaires’ disease.

His condition continued to deteriorate and it became clear that doctors would be unable to save him. Life support was withdrawn three days later before Mr Warnes died.

An investigation by Angus Council established that the same strain of legionella bacteria had caused Mr Warnes’ death was present in the hot tub and two of the shower heads in the lodge where he and his family had stayed at the four star resort.

After the case on Friday, Elaine Taylor, Head of the Crown Office’s Health and Safety Division, said: “Control of legionella in water systems is a complex matter and it essential that duty holders have a robust system in place to ensure that any person using that water system is not exposed to it.

“The control measures which were in place at Piperdam were inadequate and led to the proliferation of the legionella bacteria in the lodge where Mr Warnes and his family were staying.

“Mr Warnes’ death was entirely avoidable and had Piperdam met its statutory health and safety obligations he would be alive today. Our thoughts today are with his family.”

The resort was fined £120,000 for the breach at Forfar Sheriff Court on Friday.