The Following Partial List Might Include a Reason You May Have A Case Involving Negligence with an AED:
The fitness club or gym did not have an AED
Not all state laws require fitness clubs and gyms to have an AED on their premises, but many health clubs or exercise facilities have one in their building given the machine’s life saving ability. If the health center or fitness club was mandated by law to have an AED in their building and did not have one, you may have a case against them.
The fitness club or gym had an AED, but did not use it
Some state laws require gyms and health clubs to have an AED in the building because heart attacks and cardiac arrests occur frequently when people are exercising. Some fitness clubs may have an AED even if they are not obligated by law because an AED’s presence helps the club’s members feel safer. If a gym or health center had an AED, but did not use it for any reason, you may have a case. Even if the fitness club immediately called 911 and performed CPR, you may have a case because CPR is not a replacement for an AED.
The fitness club or gym’s AED was malfunctioning
Fitness clubs and health centers have an obligation to keep all of their equipment in working order, which includes routine checks to insure that their machines function properly and all of the necessary parts are present. A missing pad, dead battery, or a broken cord of an AED is not an excuse not to use an AED in an emergency. Gyms, health clubs, and other facilities are required to insure that their AED is working properly. If a fitness club did not properly maintain their AED, it could be considered an act of negligence on their part and you may have a case against them.
The fitness club or gym’s AED was inaccessible
When a health club, fitness center, or gym has an AED they are required to keep it in an accessible place. Many gyms place it near the front desk or close to the first aid station. Schools, which are generally obligated to have one, place it near their gym or sports fields or in the nurse’s office. An AED should never be in a locked case as finding the key and unlocking the case wastes precious time in an emergency. The AED should be close to where members exercise since a shorter distance will help save lives when time is of the essence.
There was no personnel certified in how to use the AED
It is not enough for a fitness center or gym to have an AED present; they must make sure that their employees are trained in how to properly use it. Employees should be certified in using an AED and take the appropriate refresher courses after certification. If the fitness center did not train its employees in how to use an AED, it could issue be an issue of negligence and you may have a case against them.
If you feel that a loved one’s death or serious disability could have been prevented by the presence of an automated external defibrillator or AED in a public place, you may be entitled to recover financial compensation for your injuries, damages, or loss. Please use our online form immediately to see if we can assist you.