The Presence of an AED is Useless Unless It is Actually Used

New York law requires health clubs to have an Automated Extended Defibrillator (AED) on hand as well as staff trained in its operation at all times. Yet, the high court in New York ruled that these establishments are not required to actually use an AED on a patron in cardiac arrest.

The underlying case was filed in 2008 on behalf of Gregory Miglino, who collapsed in a health club owned and operated by Bally Total Fitness of Greater New York. According to the court record, several Bally employees, including one trained in AED use, arrived at the scene with the club’s AED but never used it. The court noted that paramedics later attempted to use the defibrillator but it was too late, as Miglino was pronounced dead.

The Court’s majority opinion ruled that the AED law does not create a duty running from a health club to its members to use a defibrillator. However, the dissenting opinion of Chief Judge Jonathan Lippman stated that the presence of an AED is of no benefit to a person in cardiac arrest unless it is actually used.

According to a CBS New York article, Scott Charna, the attorney for the estate of the deceased and the surviving family members intends to continue the fight to establish liability under the common law. Charna noted his agreement with Judge Lippman’s dissent that it does not make sense to require an AED and training but not to enforce the use of it.

Contact a New York Injury Lawyer

At Gersowitz, Libo & Korek, P.C., our New York injury lawyers are dedicated to pursuing the rights of victims and their loved ones. If you or a loved one suffered a cardiac arrest and died or suffered serious injuries due to the health club’s failure to use an AED, you should contact us. For more information or to schedule a complimentary consultation with one of our New York injury lawyers, call 800-529-9997.

Jeff S. Korek, Senior Trial Partner

Recent Posts

One Killed in Roxbury Township Tractor Trailer Accident on I-80

Jeep Involved in Fatal Roxbury Township Semi-Truck Accident on Interstate 80 ROXBURY TOWNSHIP, NEW JERSEY…

2 days ago

Meta, Google Found Liable in Landmark Social Media Trial

Silicon Valley Reeling After Google and Meta Hit With $6 Million Verdict in Historic Social…

5 days ago

Three People Killed in Hawaii Helicopter Crash Of Kalalau Beach

Sightseeing Helicopter Crash Near Kalalau Beach in Hawaii Killed Three People, Including Two Residents of…

6 days ago

Woman Killed in Sherburne Truck Accident

32-Year-Old Woman Killed in Sherburne Tractor-Trailer Truck Accident on State Route 12B SHERBURNE, NEW YORK…

7 days ago

Woman Died in University Heights, Bronx Apartment Fire

Woman Killed, Second Woman Seriously Injured in University Heights Apartment Fire Caused by Electrical Malfunction…

7 days ago

Child Injured in Monsey School Bus Accident

Child Seriously Injured After Falling From Moving School Bus in Monsey MONSEY, NEW YORK (March…

1 week ago