Laws on AEDs in Virginia
In the interest of promoting public health and ensuring heart attack victims have access to life-saving treatment in as many places as possible, state legislators have passed laws requiring the purchase and maintenance of automated external defibrillators (AEDs) in various public places and businesses. State law also provides certain legal protections to people who use an AED in good faith to help someone else experiencing cardiac arrest, even if they are unable to prevent serious harm to the victim.
Whether you are a property owner directly impacted by these laws or looking to take legal action over the misuse or malfunction of an AED, knowing what the laws on AEDs in Virginia say will be key to protecting yourself legally. If you or a family member have been hurt because someone failed to comply with these laws, an experienced heart attack attorney can help you explore and enforce your right to civil recovery.
AEDs in Health Clubs
Under Code of Virginia § 59.1-296.2:2, every “health club location” in the Commonwealth must have a functioning AED on the property. As per the definitions listed in VA Code § 59.1-296, a health club is a business built around selling memberships that provide access to workout facilities, equipment, classes, and training. Notably, nonprofit organizations like the YMCA, private clubs, and residential tennis or swimming facilities are not bound by this statute.
AEDs in Schools
VA Code § 22.1-274.4 mandates the placement, maintenance, and appropriate use of AEDs in all public elementary and secondary schools in the Commonwealth. Furthermore, VA Code § 22.1-253.13:4 requires all high school students to receive comprehensive training in AED use as well as in the performance of CPR and other forms of emergency first aid before graduation.
Where Else Are AEDs Legally Required?
Of course, every hospital, urgent care clinic, and other medical facility dedicated to providing emergency medical treatment should have at least one functioning AED on the premises. In addition, Virginia law requires AEDs to be installed and properly maintained in dentists’ offices and all penitentiary facilities, and staff members in both types of facilities must be trained in how to operate the AED unit on the premises.
“Good Samaritan” Laws for AED Use
Like many other states, Virginia has a “Good Samaritan” law that provides civil immunity to anyone who provides emergency care or assistance with an AED. So long as the person administering care does so in good faith and without being compensated specifically for their assistance, VA Code § 8.01-225 prohibits that person from being held civilly liable for damages stemming from the cardiac arrest that they were attempting to treat. However, someone who displays gross negligence in their use of an AED may not qualify for this immunity.
Contact a Virginia Attorney To Answer Further Questions About AED Laws
Many of the laws on AEDs in Virginia have been in place for years already, and considering recent legislative action, it is likely that there will be similar laws added to the state legislative code in the future. Unfortunately, just because someone is legally required to make sure they have a functioning AED on their property does not guarantee they will act lawfully when it matters—something you and your family, unfortunately, may have experienced.
If you or a loved one were injured in a way that proper use of an available AED could have prevented, you should make contacting a lawyer at Price Benowitz one of your top priorities. Call today for a free case evaluation.
