Verdict Requiring AED Reversed

The courts aren't requiring fitness facilities to install AEDs and have staff trained to use them - yet.

The only reported jury verdict against a fitness facility related to the lack of an automated external defibrillator (AED) to deal with an emergency occurring in that facility was reversed by a Court of Appeals in Florida. The verdict at issue, which was for more than $600,000 and rendered by a Broward County jury in March 2006, was reversed in April 2008 in the case of Julianna Tringali Mayer v. L.A. Fitness International.

The case had originally been filed against this facility based on four principal allegations: 1) Failure to screen; 2) Failure to administer CPR; 3) Failure to have and use an AED; and 4) Failure to train staff in the handling of medical emergencies.

A number of experts testified in the case, including the qualified and well-known cardiologist Dr. Steven Van Camp, who testified for the plaintiff. The jury's verdict for the plaintiff was appealed by the facility, which argued that the facility's only obligation to the decedent was to use reasonable care - which duty, it contended, it met.

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