Do commercial property owners have a duty to keep defibrillators on site?

by Walter Olson on December 17, 2012

Kyle Graham notes that the Ninth Circuit has certified that question to the California Supreme Court, in Verdugo v. Target Corp. [Non Curat Lex; opinion, PDF](& White Coat)

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Should AEDs be required? | WhiteCoat's Call Room
12.20.12 at 12:48 am

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1 Vince_Fiero 12.17.12 at 12:04 pm

I do agree that it is nice to have the needed health care near any place one is, to assure timely intervention when needed.
However why does nobody pay for a trained surgeon to follow me around everywhere? Because it is my responsibility to stay out of trouble.
There is no obligation for jungle tour operators to assure there is a hospital in the jungle, there should not be an obligation for shop keepers to have full medical equipment.

2 Anonymous Attorney 12.17.12 at 4:00 pm

Damned if you do, damned if you don’t:

Install the defib and get sued for its improper use.

Don’t install the defib and get sued for not having one.

3 Jim Collins 12.17.12 at 5:46 pm

The only thing that I can think of is them saying if you have a pharmacy in the store, you should have a defibrillator. I don’t agree with it, but, they may go that way.

4 gasman 12.17.12 at 8:53 pm

Perhaps the court could remand this to the legislature.

After all, the legislature has chosen to micromanage various store features, such as towel bar height, mirror positions, parking space widths, and the like. The fact that the legislature has made no comment on AEDs should clearly enough indicate that they have no intent to require commercial establishments to have one.

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