Another fitness club sued for failing to use AED on hand
Posted: March 24, 2009 Filed under: Health Club 2 Comments
A New Jersey health club is being sued for gross negligence because they had an AED (automatic external defibrillator) on hand and they failed to use it. The health club member died and the family is suing.
The victim went into cardiac arrest while playing racquetball. 911 was called and a staff member brought an AED to the victim. The staff started CPR but failed to use the AED. 7 minutes later the local police arrived who used the AED without success. New Jersey requires that all health clubs have AED’s.
For additional articles about this issue see: Case Brief: Pennsylvania tennis club not required to provide AED
Recreation Law 
The legal argument is a product liability case. The machine was designed incorrectly/negligently so that it would fall over. The plaintiff was able to find several other instances where that machine had fallen over.
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Hmmm, I am not a lawyer so perhaps it is no surprise that I cannot see the grounds for a lawsuit here?
I am not aware that there are any laws forcing people to take action in these instances. I suppose a doctor may be compelled but a trainer or clerk at a gym should be no different than anyone else in this field. If you are not confident in what you are doing you can very well make the situation worse. To start with.
Lets follow this up by stating that AED's are not magic boxes that save every life. They require the patient to have a “shockable rythm”, or they will not work at all. It sounds like perhaps this person had a different condition as the AED was put to use by a police officer, and yet it didn't help.
It is of course a shame for the affected people to lose a loved one, but it is not the responsibility of everyone else to keep every single person alive and safe in this country.
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