Premises Liability Issues — Heart Defibrillators Save Lives

Our attorneys have investigated wrongful death cases involving automatic external defibrillators (AEDS). An AED is a computerized medical device that checks a person’s heart rhythm, can recognize a rhythm that requires a shock, advises when the shock is needed, then prompts a rescuer to take the proper steps. An AED is a portable device, usually eight to ten inches square and weighs only one to two pounds.
Many businesses, churches, shopping malls, and other areas where large numbers of people congregate have begun to place AEDS at various locations on the premises. Usually, the AEDS are a bright color, such as yellow and red and the location is often marked with a sign that looks like a red lightning bolt.
People with very little training can operate an AED. It usually requires three steps that are pictured on the device. Additionally, a voice prompts or instructs the user as soon as the device is turned on. Once electrode pads are placed on the patient, the AED will analyze the heart rhythm and make the decision if a shock is required. If a shock is required, the voice prompt will tell the user when to administer the shock.
Each year, more than 250,000 Americans die from sudden cardiac arrest. According to medical experts, many of these persons can be saved, with timely intervention.
Since the introduction of AEDS, state legislatures, including Georgia, have become actively involved in the issue. Most commonly, state laws encourage broader availability of AEDS. Most states establish a legislative intent that an AED may be used by any person for the purpose of saving the life of another person in sudden cardiac arrest. They encourage or require training of the use of AED devices by potential users, require AED devices to be maintained and tested to manufacturers standards, create a registry of the location of all such AEDS, and allow a Good Samaritan exemption from liability for any individual who renders emergency treatment with a defibrillator.
With the wide availability of defibrillators, their relatively low cost, and the ease of use, there has been an increase in legal actions against entities which fail to have defribrillators on the premises. The theory behind these legal actions is that there it is foreseeable that in a large gathering of people, a person could suffer from a sudden cardiac arrest event. As such, the theory holds that there is a duty of the owner or the operator of the premises to have AED devices available.