AED Failures in Virginia
When it comes to lifesaving devices, few are as important as automated external defibrillators (AEDs). When these devices fail or are defective, it can lead to life-altering injuries or the avoidable loss of life. The failure to properly maintain these devices can leave them nonfunctional or dysfunctional when they are needed the most.
If you or someone you love has faced AED failures in Virginia, a civil lawsuit may be appropriate. A dedicated personal injury attorney can help you obtain the financial compensation you deserve.
What Happens When AEDs Are Not Properly Maintained?
One dangerous situation that can lead to Virginia AED failures is the lack of proper maintenance of these lifesaving devices. It is not enough for a business to have a device out in the open or stored somewhere in the building. When it comes to having an AED in place, there are requirements for regular testing, including checking for degrading batteries or pads.
When facilities fail to maintain these devices, they can face civil liability if this negligence results in injuries or loss of life. A successful legal claim needs evidence that the owner of the facility failed to take reasonable steps to ensure the AED was in working order.
Manufacturing Defects
In Virginia, many AED failures occur due to some kind of mechanical defect. These are complex machines that must be carefully calibrated. When they are not in proper working order, the end results can be catastrophic.
In some cases, the failure of an AED to work properly occurs as a result of a defective part. When manufacturers fail to provide the public with working devices that are capable of safely performing their intended task, they can face liability through a civil suit. These claims can hold the manufacturer responsible for the AED failing to perform properly, especially if the device caused an injury despite being used as directed.
What Is the Good Samaritan Law?
Like most states, Virginia has adopted a Good Samaritan law, which may protect people from legal liability in the event of an AED failure. This statute is designed to safeguard individuals who take steps to help other people during an emergency. This includes the use of an AED as part of life-sustaining treatments. A person who acts in good faith to render aid in an emergency without compensation is shielded from any civil liability should the victim suffer an injury or die. The Good Samaritan generally cannot be held liable for their attempt to render aid, even if it ultimately led to injuries or failed to save the victim’s life.
The issue of compensation is an important part of these protections, as the Good Samaritan law is not intended to protect nurses, doctors, or other medical professionals who make mistakes when rendering aid.
There are some exceptions where this law will not protect a private citizen from civil liability if they injure someone while using an AED. This is limited to scenarios involving acts of gross negligence or willful misconduct.
Speak With a Virginia Lawyer About AED Failures
If your life has been impacted by AED failures in Virginia, now is the time to discuss your options with skilled legal counsel. You might have a viable case for compensation against the manufacturer or the party responsible for maintaining the device.
Do not put your case at risk by taking on the justice system alone. Call Price Benowitz today to schedule a free case evaluation.
