A person’s life may be on the line in the blink of an eye, and the use of an automated external defibrillator (AED) could be critical in preserving it. Can I file an AED liability claim if the operator was untrained?
Depending on the situation, you may be able to prove negligence in such a situation, and that could mean recovering damages for the losses you incurred with the help of a New Orleans personal injury lawyer.
Recognizing the Rules Under State Law
Several laws in Louisiana could play a role in what occurs in your situation. Specifically, Louisiana Revised Statute § 37:1731 provides legal protection against people who have medical training and try to intervene in an emergency to provide care. In these situations, that person is immune to any type of civil action taken against them unless you can show they acted with the intent to harm the individual or were otherwise grossly negligent.
Under state laws, some businesses and public locations must maintain an AED. This means providing access to the device, ensuring that it is in good working order, and ensuring that people have the training to use it. If this does not happen, the business owner or other responsible party could be held accountable for the losses suffered.
In situations where a person is untrained, but the law requires that they maintain training, that could mean the property owner is liable. Yet, this is not absolute, and because of the numerous complications of this law, it is best to speak to our attorney if you believe you could be facing negligence-related losses. Let us offer a free consultation to discuss the rights you have as a victim when asking if they can file an AED liability claim if the operator was untrained.
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504-500-1111How Good Samaritan Negligence Applies to Your Case
When a person has no training or skill but tries to help, the Good Samaritan law applies, meaning that this person is not held responsible for the outcome of their actions as long as they did not act in a malicious manner or in a grossly negligent manner. However, there are some instances in which this does not apply. Consider a few situations and what the outcome could be.
- If a layperson tries to act with reasonable care to administer the use of an AED, and they cannot do so or fail in some way, that person is not typically held accountable.
- The person must act like any reasonable person who has not been trained in these situations, including attempting to use the AED as instructed.
- If the layperson blocks the person from getting qualified and skilled care, does not follow the instructions provided, or otherwise acts in an unreasonable manner, they could be held liable for the losses the victim suffers.
How We Determine What Your Rights Are
Your case may have numerous other complexities, and in those situations, we must weigh all factors to determine who is responsible for the losses suffered. Our attorneys at Scott Vicknair Injury Lawyers will gather evidence in every manner possible to ensure that your rights are met and that if someone is responsible, they are held accountable.
Some of the evidence we may seek to prove these losses include:
- The type of facility, the law’s requirements for an AED to be present, and the reasons why there was a lack of those with training available
- The actions of the party, such as whether they acted in a reckless, abusive, or intentional manner to cause harm
We can provide the help you need. Do not hesitate to seek out guidance in a situation like this and watch our video testimonials. We can provide options and knowledge to help you when determining can I file an AED liability claim if the operator was untrained.
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504-500-1111There are Limitations on Liability
In situations where the person available has a medical background, such as a nurse, doctor, dentist, emergency medical technician, or medical professional, there is limited immunity available. In these situations, these providers are not liable if they provide ineffective emergency care or they create an additional injury, and they are not responsible for providing treatment or arranging for care for a person experiencing a medical emergency.
If they inflict intentional harm on the victim or engage in reckless behavior that leads to injury, then they could be held liable.
- Witness statements that document what occurred and the actions of all parties involved in the accident
- Data from accident reconstruction specialists who can show how the incident took place and why it occurred
- Data demonstrating the location did not provide access to training and care and that that type of training was required under the law.
The complexity of these cases can make it hard for some attorneys to know what legal rights may be available to victims. We encourage you to set up a free consultation with our AED liability lawyers to discuss your case without any cost of delays. Be sure to review our FAQs section to learn more about our services.
Find Out if You Can File a Claim by Seeking Out Legal Support from Our Team
The best way to determine if you can file a claim for your losses after an AED was not used or if there was a lack of trained professionals to use it is to contact our legal team for a free consultation. Proving negligence in these cases is complex because the insurance company will do anything it can to reduce the compensation paid out.
If you suspect that someone else is to blame for your injuries and losses or your family member died because no one was trained to provide AED assistance soon enough, set up a free consultation with our legal team to discuss your case openly and without any risk.
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504-500-1111Schedule a Free Consultation to Discuss Your Case with Our AED Liability Attorneys Now
A lawyer from our team can help you investigate what occurred in your situation and aid in determining if the business is responsible for the losses you have because they failed to train their team members.
At Scott Vicknair Injury Lawyers, we take pride in fighting for the victim and building a strong, evidence-based case that supports your full recovery. Schedule a free consultation with us now to learn the answer to the question: can I file an AED liability claim if the operator was untrained?