In many situations, an automatic external defibrillator (AED) is a life-saving device critical to protecting the life of a person experiencing a medical emergency. Do businesses have a duty to maintain AEDs on their property?
Under Louisiana law, many businesses must maintain these devices, and failing to do so could mean they are responsible for the outcome and losses of victims. A New Orleans personal injury lawyer can make all the difference in your case.
Understanding Louisiana Laws for AEDs
Under RS 40:1137.3, some businesses and public locations must have AED devices available, in good working order, and have someone trained to use them. That does not mean every private business must maintain one of these devices, but the law encourages all businesses to aim to provide access to these devices. Some examples of businesses with these requirements include:
- Health clubs and gyms
- High schools and colleges, including private schools with intramural athletics
- Any medical program or service that is following a patient
- Nursing homes
- Golf courses or other recreational facilities
- Restaurants and bars
- Airports and other transportation service providers
- Sports arenas and stadiums
These locations must maintain an AED on-site for patrons experiencing a medical emergency. In situations where a requirement is not met, the victim or the victim’s family may seek financial compensation against those parties for any incurred losses. Numerous factors to consider about this law, though, could govern your right to seek compensation after a claim.
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504-500-1111Requirements for Maintaining the Device
It is not enough for these locations to simply have an AED available to the public or employees to use. Rather, the business must have that AED and ensure that it is in good working order. That ensures that it is ready to go when there is a concern, answering the question of do businesses have a duty to maintain AEDs.
In situations where there is a device, but it does not work for some reason, an investigation into what occurred may be necessary. If the business fails to maintain the device, such as by not providing safety equipment inspections to ensure it is working properly, that business may be held responsible for all incurred losses. The maintenance and upkeep required are dependent on the device and the manufacturer’s recommendations.
In some situations, an AED may not work due to a design or manufacturing defect. If we can prove this, we may be able to pursue legal action against the manufacturer or other organization. Before pursuing legal action, ensure that you know your rights. Review our prior case results to learn more about our success.
Damages in an AED Claim You May Be Owed
In situations where an AED is not present or properly maintained, your life could be on the line. Because of that, you may have the legal right to pursue compensation for any losses you have against the at-fault party, but it is your responsibility as the victim to fully understand what those losses are. With the help of our attorney, we can calculate what those losses may be, such as:
- Medical care required beyond what would have been expected
- Loss of life in situations where we can demonstrate the lack of access to an AED caused the incident
- Complications from delayed care, such as the onset of brain damage or strokes
- Medical costs associated with ongoing care needs due to lack of rapid care
- Lost income and earning capacity due to losses
- Emotional trauma and mental anguish after the incident
- Loss of quality of life
In situations where you are confident you can demonstrate what these losses are, filing a claim may seem straightforward. Yet, it is rarely a simple claim to file because there are so many requirements that must be met. We encourage you to seek legal action only after discussing your case with our attorneys.
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504-500-1111Proving a Business Owed You a Duty of Care
It can be complex to prove that a business owes you a duty of care in such situations, and the law does not provide as much clarity as expected. A variety of factors play a role in whether a business must maintain these devices, including the overall size of the business, the type of services provided, the capacity of the location, and other factors. To prove that a business is responsible, consider how to prove negligence:
- There was an established duty of care
- The duty of care was breached in some way
- The breach led to the incident
- The incident caused loss
What makes these cases more complex than others is that the victim must be able to demonstrate that a duty of care existed and that the resulting losses were preventable should an AED be present. While this may very well be the case, it can be challenging for you to prove that this occurred. For this reason, we strongly encourage you to seek legal guidance from our team before you attempt to file a claim.
Our Legal Team Can Make a Difference in Your Case Outcome
A business may have the legal requirement to provide an AED to those who use the facility, maintain that device properly according to manufacturer requirements, and ensure that there is a party capable of using it.
Yet, when this does not happen, and you suffer losses, it is critical to protect your rights to compensation by hiring an experienced lawyer who can work to recover your damages and prove beyond a doubt what occurred. Do not wait to find out what your legal rights are and contact our legal team to work on your case and be sure to watch our video testimonials.
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504-500-1111Schedule a Free Consultation with an Experienced AED Liability Attorney in Louisiana
At Scott Vicknair Injury Lawyers, we know that failing to apply an AED could mean the difference between life and death for many people. We also know that you expected a business to be there in these moments.
When they fail, and the business should have had an AED present, we will hold them accountable for the losses you incurred. Schedule a free consultation with our attorneys to find out what your rights are and the answer to the question: do businesses have a duty to maintain AEDs?