In some cases, you may decide to sue a school for the misuse or failure of an automated external defibrillator (AED) in Louisiana. However, not many of these claims have gone through the court system around the country.
In cases involving the misuse of an AED in a school, the facility may cover your family’s losses. If the incident involves an AED failure, a New Orleans AED liability lawyer may instead build a claim against the AED manufacturer, distributor, or the party responsible for maintaining the device.
You can reach out to a professional law firm to discuss your specific situation.
Can You Sue a School for AED Misuse?
You may file a claim against a school if you believe AED misuse on the premises worsened your child’s condition or led to the death of a loved one. Facilities that have AEDs have a responsibility to ensure staff know how to operate them correctly.
If someone attempted to use the AED after a cardiac event and failed to follow the correct procedures properly, you may have a chance to hold them accountable.
However, in many cases, you can only file a claim if a New Orleans personal injury lawyer can show that the individual who operated the AED acted recklessly or caused intentional harm. You may not have a chance to file a claim if the person acted in good faith to assist.
What Are Examples of Reckless Operation of an AED?
You may have a legal claim if, during an event that requires AED usage, an individual:
- Ignores proper instructions for operating the device
- Stops people from administering more skilled help
- Acts in any other unreasonable manner
You can discuss the specifics of your situation with a lawyer to determine if someone misused an AED at a school. You can also ask your attorney if schools can be sued for AED failures or misuse.
Schools in Louisiana Must Have AEDs
The Louisiana Department of Health requires all elementary, middle, and high schools to have these devices.
Post-secondary educational institutions and properties that host or sponsor athletic events must also have these devices under state law.
Can You Sue a School for AED Failures?
In many cases, the AED manufacturer or distributor will hold liability for incidents caused by a device failure. However, if a lawyer finds that the school failed to maintain the device properly and this action resulted in an AED failure, the school may hold liability.
In this situation, a school could be sued for AED failures or misuse.
Do You Have to File a Lawsuit for AED Failures or Misuse at a School?
Your family may receive damages for the losses caused by AED misuse or failures without filing a lawsuit in some cases. Instead, an attorney may negotiate with the insurance company representing the at-fault party.
You may receive a settlement that provides the funds your family needs to handle the financial pressures of this challenging situation.
Compensation Available After AED Failures or Misuse
If your family experienced a situation caused by an AED failure or AED misuse, you may qualify for the money you need to pay for:
Medical Expenses
Your family may need money to pay for emergency care, medical assessments, surgeries and medical procedures, physical therapy, and medications. A lawyer may help you secure funds for all current and future healthcare costs.
Pain and Suffering
Your child (or another loved one) may experience emotional pain and mental anguish after the misuse of an AED. Your attorney can calculate the value of these non-economic losses and include them in your claim.
Lost Wages
You may need to take time off to care for your child after an AED failure or an event where someone misuses an AED. In this situation, an attorney may hold a school accountable for covering your lost pay during this time.
Do You Have a Case After a Fatal AED Failure or Misuse at a School?
Your family may have a legal case to secure damages if you lost a child due to the misuse or failure of an AED at a school. You can discuss the specifics of your situation with a compassionate New Orleans wrongful death lawyer.
Your attorney can fight for a win for your family, helping you hold the liable party accountable for their reckless and dangerous decisions.
The liable party may have to provide damages to cover your loved one’s medical, funeral, and burial expenses. You may also receive damages for the anguish and grief you experience.
Talk to Us About Suing a School for AED Failures or Misuse
So, can schools be sued for AED failures or misuse in Louisiana? In some cases, your family may have a claim against a school, especially if the school failed to maintain AED devices properly.
Our legal team at Scott Vicknair Injury Lawyers can discuss your situation and help you understand all of your legal options. We put you first because we always focus on our clients’ needs.
You can call or fill out our online contact form to learn more.
