A cardiac event is one of the most common causes of sudden death, but new technology keeps it within reach, reducing the risks of fatalities. Automatic External Defibrillators (AEDs) offer a way to save a person’s life when used properly.
Louisiana has laws that make access to such devices mandatory in some environments. When that does not happen, AED liability issues can occur. At Scott Vicknair Injury Lawyers, an AED liability lawyer in Laplace is available to discuss your case with you. Set up a consultation with our Laplace personal injury lawyer. Our team has over 121 years of combined experience.
Outcomes for Improper Use of an AED Defibrillator
A device not present means a person’s risks for complex heart conditions increase. In some situations, victims lose their lives because these devices were not accessible, or no one with the necessary knowledge of their use was available. In these situations, we encourage you to speak to our Laplace wrongful death lawyer about the incident so we can develop a claim for you. We work with close family members to navigate these challenging situations.
Other victims may survive but may face complications from the use of the AED. This might include heart damage or complex health issues. In these situations, it is possible for victims to seek legal action against those who caused the incidents. Our Laplace catastrophic injury lawyer will guide you in this process.
Because these laws are complex, we strongly recommend working with a Laplace AED liability lawyer if you believe you or your loved one suffered preventable losses. Our attorneys will investigate your case and develop a clear understanding of fault and losses. Taking these steps will minimize the risk that you do not receive the compensation owed to you.
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(504) 500-1111Knowing You Have an AED Liability Case
Louisiana’s AED laws (RS 40:1137.3) make it clear that victims may seek legal action against a location if the life-saving device is unavailable or inaccessible when they need it. AED liability issues can occur in numerous ways. That includes the following:
- Liability for improper use of an AED: If a trained professional is available and they fail to use the device properly, they may be responsible for injuries incurred.
- Lack of an AED machine accessible: If the state’s laws require the location to maintain an AED and it did not do so, it may be possible for victims to seek a lawsuit against the location.
- Lack of trained AED personnel: In addition to having an AED machine available, locations must train staff members in the proper use of the device. That means they should know when to use the AED defibrillator as well as how to do so safely.
- Defective defibrillator: There are some situations in which you may see a defective defibrillator lawsuit if the device fails to work as expected due to manufacturing or design faults.
- Lack of AED machine maintenance: Owners must properly inspect and maintain these devices according to the manufacturer’s expectations. This includes preventive maintenance tasks.
In each of these situations, the location holds responsibility if it fails to meet the law’s requirements. Keep in mind that Louisiana also has a Good Samaritan law in which a person acting in good faith to help another cannot be held accountable for injuries.
That law encourages people who may not have training to take steps to save a life without fear of a lawsuit.
Required AED Locations
Louisiana recognizes the value that an AED can offer to someone suffering from a cardiac event, and that is why it is a state with specific laws to ensure devices remain accessible. These are portable devices that can be easily stored in most locations and provide life-saving service before paramedics arrive. AEDs must be on site and maintained at locations such as the following:
- All federal government buildings, including courthouses
- All airports
- All post offices
- Theaters
- Golf courses
- Medical buildings and hospitals
- Restaurants and bars
- Nursing homes
- Athletic fields and locations
- Gyms and health clubs
- Schools and colleges
These public locations must not only provide access to an AED machine, but also provide employees with AED training completed under the guidance of a licensed physician or qualified nurse.
They must also make sure the device is in good working order and properly maintained according to the manufacturer’s recommendations. If that does not happen and your loved one suffers an injury, let our AED liability attorney in Laplace go to work on your case.
Seeking Compensation for Your Preventable Losses
AEDs save lives, and manufacturers design them to be easy to use and maintain. When this does not happen, and the use of an AED does not occur or does not produce the desired outcome, victims may seek legal action to recover any damages they can prove are the result of that failure.
There are various outcomes that can occur, including the loss of life. In situations where an AED injury occurs, a person may suffer complications to their health, including brain damage, strokes, or sensory deprivation that leads to long-term implications. In these cases, victim families may seek compensation for the losses suffered.
In a wrongful death claim, that may include losses the person suffered prior to the death, such as pain and suffering, as well as funeral costs, burial costs, and financial loss to the family members and dependents.
Loss of companionship may also apply. In cases of catastrophic injuries, victims may seek compensation for medical losses, pain and suffering, and other long-term implications to their health and well-being. Review our case results today.
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(504) 500-1111Hire a Dedicated Laplace AED Liability Attorney to Guide You
Turn to our team at Scott Vicknair Injury Lawyers to discuss your case and determine what your losses are. We bring years of experience fighting for our clients to recover full and fair compensation after a tragic, preventable outcome. Meet with our AED liability lawyer in Laplace to go over your situation.
We will build your case and maximize your compensation claim. Expect our legal team to then work diligently to make the insurance company pay for your losses. Set up a free consultation today.