An Automated External Defibrillator (AED) is a life-saving device that can play a critical role during medical emergencies. Louisiana has numerous laws related to when these devices must be present.
At Scott Vicknair Injury Lawyers, our experienced AED liability lawyer in Hammond recognizes the rights of victims who suffer injuries caused by violations of these laws.
If you or your loved one suffered unnecessary injuries, put the more than 121 years of combined experience of our Hammond personal injury lawyers to work on your case.
Common Reasons AED Liability Claims Happen
After your accident, expect our team to work hard to build your case. We want to better understand why this happened and what could have been done better.
Take a look at some of the most common reasons we can seek a liability claim in AED cases:
- The location did not have an AED present. The law requires the device to be present.
- No one knew how to use the AED. The law requires that someone on site (while the site is open and accessible) have proper training in using an AED. This person should receive training on how to use it over time.
- The person using the AED did not do so properly. The person trained to use the device failed to perform as expected.
- The AED did not work as expected. This may be due to manufacturing errors or quality issues in the device.
- The AED was not properly calibrated and maintained as required by the manufacturer. This is directly the result of the owner’s or manager’s negligence.
Gathering data to prove these elements of your case is one of the ways our lawyer will work for you. We will seek out all evidence possible to demonstrate that someone failed to provide you with the duty of care required. Our knowledge of this law’s requirements makes that possible.
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(504) 500-1111When Does AED Liability Matter?
AEDs are an important resource for saving the life of someone suffering a medical emergency. Under the Jump Start Your Heart Act, the state has laws that require the presence of AEDs in certain high-risk environments. That means that brick-and-mortar locations like the following must have an AED on site at all times and ensure someone is there who can use it:
- All elementary, middle, and high schools across the state
- All colleges and universities, including institutions and private locations
- Any facility hosting athletic events for any age group or professional level
- All gyms and physical fitness centers
- All medical buildings
- All federal buildings, such as airports, post offices, and federal courtrooms
If you suffered a medical emergency and there was not a working AED present or someone who knew how to use it, you may be able to seek a liability claim against those who failed you. Our team brings clear insight and guidance to your case. We help you demonstrate fault and your preventable losses.
Why AED Liability Claims Are Challenging
A number of factors contribute to the complexity of these types of claims. It is not always easy to prove that a facility failed to provide this critical asset to protect you.
Your personal injury attorney must demonstrate not just that the facility did not have an AED available, but that your injuries resulted from the lack of the device, not from existing heart disease.
Your AED liability attorney in Hammond must demonstrate that your heart attack, for example, was reversible with the use of the device. We must then show that you would have fewer complications if it were present.
Our attorneys will gather evidence to establish who is at fault and how the location failed to meet your expectations. This process means working with medical professionals, having a strong knowledge of the underlying causes of your heart disease, and having the resources to demonstrate that you suffered additional losses you would not have as a result of the lack of an AED.
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(504) 500-1111Proving Negligence in AED Liability Cases
Our team has extensive experience gathering critical evidence, including hard-to-find evidence, to build your case. We know how to make sure victims receive fair compensation by demonstrating the following four components of negligence:
- Duty of care: The location owed you a duty of care to keep the AED available and properly supported.
- Breach of the duty of care: In some way, the owner or manager failed to meet the duty of care. This may be due to failing to maintain the device or to not having someone available who is trained to use it.
- Causation: This is the hardest part of these claims because we must show that your outcome would have been different if the device were present. Expect us to demonstrate that your losses stem from the breach of the duty of care.
- Losses: You suffered physical and financial losses as a result of the breach of the duty of care.
In these situations, it becomes critical for you, the victim, to demonstrate what happened, why it occurred, and why you suffered losses you would not have.
Not everyone survives these devastating oversights and acts of negligence, and that can be devastating for families. You can expect our team to become your reliable advocate in seeking justice for the loss of their life. If your family member did not survive, speak to us about what your rights are now.
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(504) 500-1111Schedule a Free Consultation with a Hammond AED Liability Attorney
Scott Vicknair Injury Lawyers brings decades of experience to every case we take on. You can expect our legal team to be aggressive in maximizing the compensation you receive.
urn to our Hammond AED liability lawyer today for a free, no-obligation consultation. Let us explain your rights in these cases without any risk to you. We are ready to put our decades of experience to work for you.