When an Automated External Defibrillator (AED) fails, the outcome can be devastating, especially if this happens to your loved one. If you are wondering, “Can I File a Wrongful Death Claim if an AED Fails?” there are some factors to consider. You will need to determine if this resulted from a device failure or someone else’s negligence before you can move forward with a claim.
A failure of an AED could warrant a wrongful death claim for several scenarios. Working with a New Orleans wrongful death lawyer ensures you cover all aspects. You will need all of the legal support possible when dealing with this tragic scenario.
Common Causes of AED Malfunctions?
There are several causes of an AED malfunction that may end up leading to a wrongful death claim. These devices are meant to save lives; however, they can fail. It is helpful to understand how they can fail so you can understand more about your claim.
Expired Batteries
One of the biggest causes of AED failure is not replacing expired batteries, and a facility can be at fault if, for example, the individual is living in a nursing home.
However, this responsibility usually falls on the property owner or organization that maintains the device. Without working batteries, an AED cannot deliver the shock needed in an emergency, and regular maintenance checks are required.
Damaged Electrodes
Having improper storage or handling can lead to electrodes being damaged, which are needed to detect heart rhythms. When electrodes fail, the AED will not be able to respond or analyze effectively. The manufacturer or distributor could be liable for this type of damage.
Design Defects
Some AED malfunctions can result from manufacturing flaws, such as subpar software or faulty wiring. These defects make the device dangerous and unreliable in an emergency. In this type of situation, the manufacturer is at fault.
These AED failure issues reveal the need for routine inspections, proper training, and responsible oversight. The result of this device failing can be tragic. Legal options may be available to your family if one of these causes is what happened to your loved one.
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504-500-1111How Can You Prove Negligence for an AED Failure?
Trying to prove negligence in an AED wrongful death case will involve detailed insight into the circumstances that led up to the incident. You will need strong evidence to prove your case. The process usually involves showing that the responsible party was negligent, and it led to the victim’s death.
To successfully prove negligence in an AED liability case, your attorney will need to gather different forms of evidence, like training records, maintenance logs, and witness statements.
The evidence may show expired batteries or that the staff did not properly conduct necessary inspections. These insights can help determine if the death was preventable with proper care.
A legal claim will focus on how the failure of the AED impacted the individual’s survival. This will involve product testing, emergency response timelines, and medical records. With the right legal guidance on your side, it can be easier to form a compelling case to seek potential compensation and a sense of justice.
What Louisiana Locations are Required to have AEDs?
Louisiana has strict laws regarding AED failures, especially if negligence was a factor. It is important to know how the state ensures that an AED is properly accessible and maintained. The law regarding AED usage and placement creates accountability for businesses, schools, and other public spaces where the devices are required.
According to the Louisiana Legislature, SLS 23RS-165, elementary, middle, and high schools must have AEDs on-site that are always accessible. When there is an athletic event at a school or postsecondary institution, they must have a trained AED user on site. If a school or organization neglects training or maintenance on AEDs, the outcome can be catastrophic.
The law does not only cover schools, though. All businesses, airports, gyms, and even large event venues must have AEDs to be safe. The state of Louisiana mandates routine maintenance and testing to make sure an AED is always working.
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504-500-1111How Louisiana’s One-Year Deadline Can Impact Your AED Wrongful Death Claim
Losing a family member or other loved one because of an AED failure is heartbreaking. The last thing you are going to want to do is submit a claim, but it is important to act quickly. According to Art. 2315.2 Louisiana has a one–year statute of limitations for wrongful death claims.
You only have 12 months from when the incident took place to pursue legal action. A year may feel like a long time, but it takes more than you may think to build a strong case. You need to make sure you gather the right evidence, as details can be time-sensitive.
Delays can also happen with lost documents or problems with memory for witness statements if you wait too long. Missing out on these forms of evidence can weaken your claim. The law does not allow extensions in most cases, so it is important to move forward as soon as possible.
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504-500-1111Details You Should Not Leave Out on Your Wrongful Death Claim
When you file a wrongful death claim for an AED failure, it requires careful attention to detail. Each piece of evidence and information can strengthen your case to help you with liability. It is important not to forget the following critical details:
- Maintenance records: You must make sure the AED is stored properly, inspected, and maintained.
- Timeline of events: Keep all documents of where the AED failed and any actions taken afterward.
- Medical records: Show evidence of how the AED failing is what contributed to the victim’s death.
- Witness statements: Be sure to collect statements from anyone who can testify for you about what happened during the incident.
It might seem like a lot of work at first, but your lawyer can help you piece it all together. Forming the proper evidence will provide you with more potential for a better outcome. Without the evidence, you cannot properly show who was liable when pursuing a wrongful death claim with AED litigation.
Contact a New Orleans Wrongful Death Attorney
When your loved one lost their life because of someone’s negligence with an AED, you need answers and accountability. The legal process can be frustrating to deal with as you are trying to deal with a majorly devastating event.
Contact Scott Vicknair Injury Lawyers to schedule a consultation so we can potentially help you move forward.