Under the Code of the District of Columbia, recreation facilities, schools, most government-owned buildings, and certain other high-occupancy venues must have Automated External Defibrillators (AEDs) on-site at all times. However, beyond purchasing and installing AEDs, owners and managers of these facilities must also ensure their AEDs are in good condition and are regularly maintained. Manufacturers and sellers of AEDs must also ensure the devices are free from dangerous defects.
A failure to ensure the proper operation of an AED could qualify for legal action if it directly leads to someone suffering harm while experiencing or trying to treat someone for cardiac arrest. If you or someone you love has been hurt through an AED failure DC, speak with an attorney from Price Benowitz as soon as possible about a potential civil claim.
As established under D.C. Code § 7-2371.02, any person or entity that purchases and installs an AED on their property—whether required to do so by law or of their own volition—must ensure the device receives regular maintenance and testing in accordance with the manufacturer’s guidelines. Furthermore, whoever is responsible for maintaining and testing an AED must keep written records of:
If an individual in Washington, DC neglects to maintain their AED properly and the device fails during use, that person may be civilly liable for injuries stemming from the failure. If a facility fails to maintain an AED as required, both the employees responsible for maintenance and the employer who supervises those workers may share fault. A qualified attorney’s help can be key to holding the right people responsible for damages in both scenarios.
It is also possible to file suit against AED manufacturers for defective products if a legally actionable defect was the main reason for the failure during use in Washington DC. However, a claim against a manufacturer works differently than a claim against an individual since the lawsuit is generally built around product liability law rather than traditional negligence.
Manufacturers are strictly liable for injuries caused by a serious problem with their product’s fundamental design, an error made during its manufacturing or assembly, or a failure by the manufacturer to provide instructions and warnings for proper use. Knowledgeable legal counsel can provide guidance in determining whether a case meets legal standards to establish civil liability for an injury within the boundaries set by local and, in some cases, federal law.
If you suffer unexpected cardiac arrest in a public place, having quick access to an AED could be vital to preventing long-term harm and potentially saving your life. Unfortunately, not every AED in publicly accessible buildings functions as it should, either due to negligence by its owner, mistakes by the manufacturer, or both.
AED failures in Washington, DC can often serve as valid grounds for civil litigation, which could be key to getting your family the restitution you deserve for your damages. Call Price Benowitz today to discuss your legal options.
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