Heart disease has been the leading cause of death in the United States for decades, and cardiac arrest— a heart attack—is one of the most common ways in which heart trouble manifests. In recognition of that, District of Columbia law requires public places with high occupancy limits to have at least one functioning and well-maintained automated external defibrillator (AED) on-site. Defibrillators are devices that apply an electric charge or current to the heart to restore a normal heartbeat. These devices can be crucial to preventing significant injury or death when someone experiences a heart attack.
Unfortunately, not all individuals or organizations with a legal obligation to provide AED access to the public fully comply with this obligation. The experienced injury attorneys at Price Benowitz are familiar with cases involving these shortcomings. If you or a loved one suffered preventable harm because of a problem with or the total lack of an AED in a public place, you may have grounds for legal action, which a Washington DC heart attack lawyer can help you pursue.
It is important to understand that it is rarely possible to sue a person over the improper or unsuccessful use of an AED on someone who is experiencing cardiac arrest. As long as the person using the AED acts in good faith and without receiving any monetary compensation, they are immune from civil liability for injuries resulting from the cardiac arrest or their use of the AED under DC’s “Good Samaritan Law.”
However, individuals who own businesses or oversee buildings required to have AEDs on-site—such as fitness clubs and gyms, schools, government-owned property, and any other facility designed to accommodate 1,000 people or more—can be held liable for failing to ensure they have an AED accessible to the public within their property.
A Washington DC cardiac arrest attorney can help take legal action against a property owner or manager who fails to maintain AEDs in proper working condition or fails to properly train employees and other agents in the correct use of AEDs.
Money alone cannot completely erase the negative effects of a heart attack made worse by a lack of access to a functioning AED. However, civil recovery can minimize the losses stemming from this experience and help ensure the financial security and future best interests of the people affected by it.
Depending on the circumstances, a lawyer can help with a comprehensive heart attack lawsuit in Washington DC to demand compensation for various losses, including:
A skilled attorney’s guidance can be crucial to identifying all eligible damages to include in a claim and ensuring they are valued fairly during settlement negotiations or civil court proceedings.
While cardiac arrest is a serious and potentially life-threatening medical emergency, the timely use of an AED by a qualified medical professional or a nearby individual can significantly improve a heart attack victim’s chances of survival. However, an AED is only useful if it is in good working condition and placed in an accessible location. Individuals who fail to fulfill their legal obligations in this regard can be held civilly liable for their misconduct.
If you have been harmed due to a faulty or inaccessible AED, representation from a Washington DC heart attack lawyer can be vital to achieving a favorable result in this type of civil claim. Call Price Benowitz today to schedule a free case evaluation.
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