You may have a legal claim against a business owner if they were supposed to have an AED (automated external defibrillator) available for use on their property and failed to follow these regulations or misused the device.
Louisiana only requires AEDs in a few locations. A New Orleans AED liability lawyer can review your situation and determine if you have a valid claim for compensation if the lack of an AED worsened your medical condition or resulted in the loss of a loved one.
Do Businesses in Louisiana Need AEDs?
According to the Louisiana Department of Health, only a few locations have to have an AED available. These locations include:
- Elementary schools
- Middle schools
- High schools
- Post-secondary institutions
Additionally, some premises that host or sponsor athletic events must have one or more AEDs available in the event of a medical emergency.
In some situations, other locations have to provide an on-site AED. These locations may include:
- Gyms and golf courses
- Airports
- Theme parks
- Nursing homes, dentist offices, and medical offices
It’s essential that you contact a New Orleans personal injury lawyer if you (or a loved one) needed an AED while out at a business and could not find one. A lawyer can look into the specifics of your situation and determine if the company has a legal responsibility to provide an AED.
Can You Sue a Business for Not Having an AED?
A limited number of locations have a legal responsibility in Louisiana to have an AED. Therefore, filing a lawsuit may prove challenging in many situations.
However, you may have a valid claim for compensation if an attorney can show that:
- A property owner had a legal duty to provide an AED
- The property owner failed to place AEDs properly
- The lack of an AED contributed to your injuries or the loss of a loved one
So, can a business be sued for misusing or not having an AED? A lawyer has to look at the specific facts surrounding your situation to answer this question.
Can You Sue a Business for Misusing an AED?
In some cases, you can sue a business that has an AED available but does not correctly use this medical device. Misusing an AED differs from simply not having an AED available for usage.
Certain individuals at a business with an AED should have training to properly use and maintain the device.
Can you sue a business for misusing or not having an AED? If these individuals used an AED recklessly or in a way that caused intentional harm, you may qualify to file a lawsuit against the business. However, if the individual tried to help in good faith and made an honest mistake, you may not have a valid claim.
What Compensation Can You Get for Suing Over an AED?
If you sue on your own behalf for an injury caused by the lack of an AED or misuse of this device, you may receive compensation to pay for your:
- Current and future medical bills
- Lost pay and diminished earning potential
- Pain, emotional suffering, and mental anguish
An attorney can track all of your losses and include them in your claim, helping you secure maximum funds.
Do You Have to Sue to Get Compensation?
You may get compensation to cover your losses without filing a lawsuit against a business for the misuse or lack of an AED. Instead, your attorney may help you negotiate with the insurance company that represents the business.
In many cases, you can get compensation more quickly if you settle outside of the court system. However, the insurance company may refuse to treat you fairly in some circumstances, necessitating a lawsuit.
You May File a Lawsuit After the Loss of a Loved One
You may lose a loved one who has a heart attack in a business that either does not have an AED or misuses the device. In this situation, a New Orleans wrongful death lawyer may help your family file a claim against the liable party.
In Louisiana, the responsible party may need to provide your family with funds to cover your loved one’s:
- Medical bills
- Burial and funeral expenses
- Lost benefits and earnings
You may also receive damages for the value of lost household services and lost emotional support, companionship, care, and guidance. In many cases, lawyers can bring damages to clients to address the anguish and grief they experience.
Discuss Suing a Business for Misusing or Not Having an AED
Can a business be sued for misusing or not having an AED in Louisiana? In some cases, our team at Scott Vicknair Injury Lawyers can hold business owners responsible for improper usage of AEDs.
When you contact us for help, our legal team can review the specifics of your situation and discuss all of your options. We believe in providing personalized care and focused service to our clients, drawing on over 30 years of combined experience to handle challenging situations.
You can learn more by calling or completing our online contact form.
