A solid defibrillator (or Automated External Defibrillator (AED)) lawsuit requires evidence that shows that someone else owed you a duty of care, violated that duty, and directly caused your injuries and financial losses.
The exact evidence needed in a defibrillator lawsuit varies in each case. However, in many cases, a New Orleans AED liability lawyer will collect medical reports, photos, videos, and witness statements when building a claim.
Required Evidence for AED Lawsuits Depends on the Liable Party
A New Orleans personal injury lawyer may draw on many types of evidence to establish liability for injuries or deaths involving AEDs. The evidence required will vary based on whether a lawyer needs to establish liability on the part of:
- The AED manufacturer
- The AED distributor
- A good Samaritan who used an AED device
- A property owner who failed to install or maintain an AED device properly
Your attorney can determine what evidence is needed in a defibrillator lawsuit based on the party that holds liability for your losses.
Evidence Needed Against an AED Manufacturer
You may file a defibrillator lawsuit against an AED manufacturer in some cases. In this situation, a lawyer needs evidence that shows that the AED failed in some way because of:
- Manufacturing issues
- Design flaws
- Inadequate warnings
Attorneys may review a company’s manufacturing process and look into other accidents caused by the same device. Your lawyer may look into issues related to:
- Faulty electrode pads
- Battery performance
- Failures of electrical components
If evidence shows that a manufacturing flaw caused your injuries and losses, a lawyer may successfully sue the AED manufacturer.
Evidence Needed Against an AED Distributor
A distributor may hold liability in some accident cases involving AEDs. Distributors have a responsibility to keep AEDs undamaged and in working order during transport.
A lawyer may look for evidence that the distributor failed to properly:
- Inspect a faulty AED
- Test an AED
- Maintain their AEDs
Evidence may include maintenance or transportation records in this situation. Statements from employees designated to carry out these tasks may also serve as substantial evidence.
Evidence Needed Against Property Owners
Property owners may hold liability after an AED incident for two major reasons. The evidence needed in a defibrillator lawsuit will vary depending on the mistake made by the property owner.
Lawsuits for Failure to Properly Maintain an AED
Property owners that have AEDs in or around their businesses must keep these devices ready for use. Lawyers may look for signs that a property owner improperly maintained or stored these devices.
Employee logs and other documentation may serve as evidence in these cases.
Lawsuits for Failure to Keep an AED on Property
Certain public places must have an AED available for usage in the event of an emergency. In many cases, Louisiana law requires these devices in:
- Universities and public schools
- Facilities that host some sporting events and gyms
- Golf courses and theme parks
- Airports
- Nursing homes, medical offices, and dental offices
An attorney may collect evidence that shows that property owners never installed an AED to hold them liable for breaking the law and potentially endangering your health.
Evidence Needed Against Good Samaritans
Laws in Louisiana provide protection to individuals who step in to help during an emergency, including those who use an AED to assist another person. However, individuals who act recklessly or cause intentional harm in an emergency can face a lawsuit.
For example, someone could face a lawsuit if they:
- Ignore the instructions included with an AED
- Act unreasonably in an emergency situation
- Prevent someone else from offering more skilled help
In this situation, a lawyer may look for evidence that shows these reckless actions. For example, attorneys may collect:
- Videos from cell phones or surveillance cameras
- Photos taken by people at the scene
- Statements from witnesses
- Medical reports about your health condition
You can learn more about potential evidence for Automated External Defibrillator (AED) liability by reaching out to a law firm in New Orleans.
How do Lawyers Use Evidence in AED Cases?
Lawyers utilize the evidence they collect to establish fault and liability. The liable party may need to pay for all of your losses after an incident involving an AED. Depending on your circumstances, an attorney may help you secure money for your:
- Current and future medical expenses
- Lost wages and diminished earning potential
- Pain and emotional suffering
An attorney may help you settle for compensation outside of the court system or assist with a lawsuit, depending on your specific situation.
Talk to Us About a Defibrillator Lawsuit
So, what evidence is needed in a defibrillator lawsuit? The evidence required for your claim will depend on who holds liability for the incident.
Our legal team at Scott Vicknair Injury Lawyers can immediately begin an investigation into your situation. We’ll draw on over three decades of combined legal experience to assist with your needs, providing you with exceptional service as we fight for the win on your behalf.
You can learn more about your next legal steps when you call or fill out our online contact form.
