Louisiana’s laws require physical fitness facilities to have AED (automated external defibrillator) devices. The state also requires these devices at all schools, athletic events sponsored by schools or universities, and colleges with athletic programs.
A New Orleans AED liability lawyer can provide more detailed information about what companies are required to have AED devices and other state regulations about these medical tools.
Locations Required to Have AED Devices in Louisiana
The Jump Start Your Heart Act, and other laws in Louisiana require very few locations to have AED devices available. The state legally requires these devices to remain available in:
- Elementary, middle, and high schools
- Post-secondary institution
- Premises hosting or sponsoring athletic events
- Physical fitness facilities
Other locations may have to provide AED devices in some circumstances, but not always. An attorney can provide more information about what companies are required to have AED devices in Louisiana.
What Happens if a Location does Not Have a Required AED Device?
Businesses or educational facilities that do not have a required AED device can face fines from the state. Additionally, if you or a loved one experienced additional injuries caused by an SCA at a facility that should have had an AED, you may file a claim against the facility for compensation for your losses.
A business can be sued for misusing or not having an AED in some circumstances. An attorney can review your situation and help you determine if you qualify to file a legal claim.
You can also turn to a law firm for help if you lose a loved one to an SCA at a facility that ignored Louisiana’s laws on AED usage. In this situation, you may file a wrongful death claim to hold the business responsible for failing to provide your loved one with proper protection.
What Should You Do if a Company does Not Have an AED Device?
The professionals recommend that you contact a law firm that knows how to handle AED liability cases if you (or a loved one) experience an SCA at a location that should have an AED, only to discover the premises failed to follow Louisiana’s laws.
An attorney can review your situation, investigate, collect evidence, and track your losses. You can rely on your lawyer to answer any additional questions about AED liability so you understand your legal options.
You may file an insurance claim or a lawsuit, depending on your situation.
What Compensation Can You Get Through an AED Liability Claim?
If you have a valid claim against a company that should have had an AED available, a lawyer may help you pursue compensation for all the losses you sustained due to lack of immediate medical treatment.
If you experienced an SCA and later recovered, you may receive compensation for your:
- Current and future medical expenses
- Lost pay and diminished earning potential
- Pain, emotional suffering, and mental anguish
If you lose a loved one because a company does not have an AED, you may receive damages for:
- Your family member’s medical bills
- Burial and funeral expenses
- A loved one’s lost benefits and earnings
- Lost household services
Additionally, a lawyer may help your family secure damages to cover the anguish and grief you feel. Finally, the liable party may need to cover your lost emotional support, companionship, care, and guidance.
What Other Laws does Louisiana Have About AED Devices?
Louisiana has several other laws concerning AED usage. These laws involve:
Good Samaritan Regulations
Louisiana’s Good Samaritan Law provides legal protection to individuals who try to help during a medical emergency by using an AED device. The law provides immunity to liability for some individuals.
An attorney can help you understand AED regulations and the Good Samaritan Law.
Required AED Training and Maintenance
Companies that have AED devices have a responsibility to train anyone who is expected to use these devices. The company must also maintain and test these devices according to operational guidelines provided by manufacturers.
Usage of an AED Plan
Facilities with AEDs must also establish a protocol or plan for responding to an SCA and file this plan with the Bureau of Emergency Services (BEMS).
AED Notifications and Use Reports
Finally, facilities that possess an AED must notify EMS of the location and existence of the device if emergency services arrive to care for someone experiencing an SCA. The company must also report every usage of an AED to the BEMS.
Talk to Us About AED Device Requirements in Louisiana
What companies are required to have AED devices in Louisiana? Our state requires very few companies to have these devices. However, physical fitness facilities must have AEDs. Many educational institutions also need AEDs.
Learn more about the laws surrounding AEDs with our team at Scott Vicknair Law. We have over 30 years of experience and can answer your questions. Call or complete our online contact form to learn more.
