An Automatic External Defibrillator (AED) is a life-saving device capable of preventing cardiac arrest fatalities. The use of these devices in public has become a critical component of good safety practices. There are times when they are not used properly, lack maintenance, or may be missing when you need them the most.
In those situations, our AED liability lawyer in Gretna can provide you with insight into your legal options. Contact a Gretna personal injury lawyer at Scott Vicknair Injury Lawyers, founded in 2015, for a consultation with no obligation.
Why You Can Seek Legal Action Over an AED’s Use
AEDs are portable devices designed to provide immediate help for a person experiencing a heart attack or life-threatening arrhythmia, often far faster than paramedics arriving on the scene. The benefits of having an AED as a business, government, or other service are so significant that not having one can create a higher risk of liability. If you need the support of one of these devices, and something goes wrong, you can file a lawsuit against those who failed you. This may include situations where:
- The law requires an AED to be present, and there was not one there
- The AED present was not maintained by the location
- No one had proper training in how to use the AED in an emergency situation
Sudden cardiac arrest can happen to anyone of any age and with any health conditions. AEDs have become life-saving devices that can be easily provided to prevent the loss of life. In situations where your loved one lost their life because of one of these reasons, our legal team becomes your advocate.
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(504) 500-1111When an AED Should Be Present
Louisiana law (RS 40:1137.3) requires that certain facilities maintain an AED at all times with trained staff capable of using it. Additionally, federal law requires that all federal government buildings and services have an AED available with staff training. That means, in most situations, you should expect these devices to be present in the following areas:
- All federal buildings, including courthouses and the post office
- Airports
- Public places
- Theaters
- Gyms and health clubs
- Schools and colleges
- Medical buildings
- Nursing homes
- Golf courses
- Sports stadiums and arenas
- Restaurants and bars
When we consider these factors, it is possible to seek legal action against a facility that should have an AED defibrillator and does not. AED liability issues often stem from not providing a device or not providing staff who are trained to meet the needs of a person in need of the device. Scott Vicknair Injury Lawyers is here to help you recover compensation for your injuries.
When to Seek Legal Action Due to AED Machine Use
There are some situations where you may be suffering profound loss or injury because of improper access to or use of an AED. In these situations, we strongly encourage you to speak to our AED liability attorney in Gretna to determine if we can hold those accountable for your injuries and losses. Here are some examples of when you should contact our team:
- Lack of Trained Staff: Liability for improper use of an AED is clear. If an AED is present, there must be someone available who understands how to use it. If their failure to operate the device caused delays that led to harm, you can seek legal action.
- Not Present: You suffered consequences, or your loved one suffered consequences, because there was no AED machine available when you expected there to be one.
- Defective Defibrillator: The device was faulty and failed to work, causing you harm. A defective defibrillator lawsuit allows you to hold the manufacturer accountable.
- Serious Injuries: If you were injured by a device that was present when needed but did not function properly or was misused, our Gretna catastrophic injury lawyer can provide insight into your rights.
When a public location or business fails to maintain a properly working AED, despite being required to do so, and you need that device to avoid death or injury, you can hold those parties accountable. We encourage you to contact our Gretna AED liability lawyer to determine if the location should have maintained a device and properly trained professionals.
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(504) 500-1111Damages You May Be Able to Recover
There are many examples of how an AED can save a life, but there are also numerous additional examples of how mistakes or oversights can cause an AED not to be effective. If this happens to you or a close family member who lost their life as a result of an AED, we strongly encourage you to contact our legal team for a case evaluation. Some of the damages you may be owed, if we can prove fault and negligence, include:
- Medical costs: This includes medical costs to treat the complications or injuries that stem from the mistakes or errors
- Wrongful death: If your loved one has died as a result of not having a device available to them, and it was expected that one would be present, close family members can file a lawsuit for wrongful death.
- Loss of income and wages: Victims who are unable to work or family members of those who were dependent on a person who lost their life may seek financial compensation for such losses
- Pain and suffering: A defective device or one that is not available can cause a person to suffer serious injury and pain, leading to suffering that could have been avoided.
- Emotional trauma: The loss of a loved one’s life as a result of an AED mishap can be incredibly damaging.
A Gretna wrongful death lawyer can become your advocate in these cases. Let us provide you with a case review without cost to review what happened in your situation. We will then build a claim that incorporates all of your losses and expected long-term implications.
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(504) 500-1111Contact Our Gretna AED Liability Attorney Now for a Free Consultation
Your life has changed because someone you counted on was not there. Turn to Scott Vicknair Injury Lawyers now for a free consultation. Our AED liability lawyer in Gretna has the years of experience you need in this difficult situation.