Virginia Heart Attack Gym Lawyer
While cardiac arrest is always a serious and potentially life-threatening medical event, the invention of automated external defibrillator (AED) devices has made it much easier for heart attack victims to get immediate treatment. However, an AED is only useful if it is available, in good working order, and operated by someone who knows how to use it.
Unfortunately, not every fitness club in the Commonwealth is as diligent about this as they should be, even though they are required by state law to have working defibrillators on their premises. If you or someone you love suffered preventable harm while working out because of a missing, broken, or improperly used AED, a Virginia heart attack gym lawyer can help you seek compensation in a personal injury lawsuit.
Are Virginia Gyms Required to Have Defibrillators?
Under the Virginia Health Club Act, all “health clubs”—a term defined to include gyms, private fitness clubs, martial arts facilities, swimming pools, and tennis facilities—are required to have at least one automated external defibrillator on site. Additionally, they must:
- Have a licensed physician supervise the installation of any new AED
- Make sure their employees receive AED training
- Register their device with the state Board of Health
- Ensure all their AED devices are regularly maintained and tested, with a written record of those actions
Any fitness club that does not meet all these requirements and allows a paying customer or lawful property visitor to suffer preventable harm may be held civilly liable for damages sustained by that person or their surviving family members. Because of the “Good Samaritan” protections outlined in Virginia Code § 8.01-225, it is generally not possible to file suit against someone who unsuccessfully tries to resuscitate someone with an AED unless they exhibit gross negligence. A Virginia gym heart attack attorney can explain these laws and more during an initial consultation.
Recovering for Short- and Long-Term Damages
No amount of money can make up for the immense physical and psychological trauma that a non-fatal cardiac arrest can cause, let alone the effects of a fatal one. However, civil recovery can alleviate specific financial consequences of another person’s negligence, like medical bills and lost work income. It can also reduce the negative impacts of more subjective non-economic losses like physical pain and mental anguish.
If improper placement or maintenance of an AED at a fitness club directly contributes to causing someone’s premature death, surviving family members of the deceased person can seek recovery for their ensuing losses, including things like:
- Lost future financial support
- Funeral and burial costs
- Lost love and companionship
A qualified lawyer in Virginia can discuss what damages could be factored into a specific gym heart attack claim during a private meeting.
Call a Virginia Attorney After Suffering a Heart Attack at the Gym
Not every heart attack is preventable, but it is often possible to reduce the severity of cardiac arrest with prompt and proper use of a defibrillator. Any gym or other fitness facility that fails to follow state laws for AED installation and upkeep may hold civil liability for the harm a patron suffers as a direct result of that failure.
Schedule a consultation with a Virginia heart attack gym lawyer for help understanding and enforcing your rights under civil law. Call Price Benowitz today.
