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.

Recent Posts

2 People Killed, 17 Injured in Flatbush Building Collapse

Building at 1321 Flatbush Avenue Gives Way Into Open Excavation Next Door, Leaving Two Dead…

3 days ago

Pedestrian Injured in Hampton Bays Hit-and-Run Accident

Southampton Town Police Search for Dark Blue Sedan After Pedestrian Left Unconscious on North Road…

5 days ago

Pedestrian Killed in Lake Ronkonkoma Pickup Truck Accident

61-Year-Old Ridge Woman Dies After Being Struck in the Roadway of Ronkonkoma Avenue Near Portion…

5 days ago

Senior Pedestrian Killed in Long Island City Hit-and-Run Accident

Police Seek Red SUV Driver Who Turned Into a Crosswalk and Fatally Struck a 71-Year-Old…

5 days ago

7 People Injured in Bronx Accident Near University Heights Bridge

Early-Morning Crash at West Fordham Road and the University Heights Bridge Sends Seven People to…

5 days ago

Construction Worker Injured in Greenpoint Falling Stone Accident

Department of Buildings Issues Its Most Serious Violation After a 300-Pound Terracotta Stone Breaks a…

7 days ago