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What are the risks of having...or NOT having...an AED? Jump to new posts
2013 risk management analysis on AED programs admin 10/04/2026 10:38 PM
Older (2013) but through risk assessment of AED programs in SHRM Online



AEDs in the Workplace: Benefit or Burden?
March 29, 2013 | Roy Maurer


Sudden cardiac arrest is a leading cause of death in the United States, according to the American Heart Association (AHA). And about 10,000 sudden cardiac arrests occur while victims are at work, according to Occupational Safety and Health Administration (OSHA) data.

Placing automated external defibrillators (AEDs) in the workplace, along with providing a proper management system and training for employees on how to use the devices, can mean the difference between life and death, proponents argue.

But device malfunctions and recalls, myriad legal requirements, and concerns of cost and potential liability have kept some organizations from buying in.

Of the sudden cardiac arrest deaths that occur each year—estimates range from 250,000 to 400,000 deaths—more than 95 percent of the victims die before they reach the hospital. However, AED advocates note that when care is provided within five to seven minutes, including early treatment with an AED, survival rates can improve dramatically. Local emergency medical services typically can’t respond that quickly.

Using a defibrillator on an individual in cardiac arrest increases his survival rate by 60 percent, according to OSHA. “For every minute that passes without CPR or defibrillation, the chances of a cardiac arrest victim’s survival decrease by up to 10 percent,” OSHA said.

“The bottom line is that AEDs belong in the workplace,” said Larry Starr, director of graduate studies in organizational dynamics at the University of Pennsylvania. Starr’s research primarily concerns systemic characteristics associated with planning for and responding to medical emergencies, particularly involving nonmedical people in the workplace.

“The workplace is the ideal setting because most have a mind-set that includes human resources, risk management and training, and there are policies and accountability expectations,” he told SHRM Online. “Data show that sudden cardiac arrest survival rates can be higher in a workplace than in other locations, including medical institutions, when a workplace makes this topic part of their processes and culture.”

How AEDs Work: A Scenario

A worker collapses in the office from what may be cardiac arrest.

According to the AHA’s chain-of-survival process, someone should immediately call emergency medical services, and an employee trained in cardiopulmonary resuscitation (CPR) should assess the victim. If the worker shows no breathing and no pulse, the trained employee should start chest compressions and ventilations (i.e., CPR). CPR’s purpose is to deliver oxygen to the blood and to manually pump the oxygenated blood to the brain and other organs. CPR provides basic life support until advanced-life-support providers can take over. However, if the victim is in cardiac arrest, performing CPR will not be enough.

“For a person experiencing a sudden cardiac emergency in which the heart goes into ventricular fibrillation—a sudden electrically abnormal state—the only way to try to prevent death, which will occur very quickly, is to use a defibrillator,” said Starr.

A fibrillating heart will not permit adequate circulation even if CPR is performed perfectly, according to the AHA. The only recognized treatment for cardiac arrest is early defibrillation to electrically shock the heart back into a normal rhythm so it can effectively circulate blood. Once the defibrillation pads are applied to the victim’s chest, the AED analyzes the heart rhythm and prompts the rescuer to deliver a shock only when necessary. If either breathing or a heartbeat is present, an AED will not allow the rescuer to shock the victim.

Using electronic voice prompts, the newest generation of AEDs follows three steps. They electronically assess the patient and determine if the reason why no pulse is felt is that the heart has stopped or the rhythm is disorganized. They prepare to release an electric shock that can interrupt the poor rhythm. Finally, they deliver a defibrillating shock only when necessary.

What Can Go Wrong

There are about 2.4 million AEDs hanging on walls and mounted in protective cases in public places across the country, according to the Food and Drug Administration (FDA). AEDs are expected to last five to 10 years; most are never used.

The defibrillator industry has recalled hundreds of thousands of devices and has notified the FDA about thousands of adverse-incident reports, including device failure during a rescue attempt that may have contributed to patient harm or death.

Problems include the AED displaying error messages, being unable to power up and failing to deliver shocks.

Problems that can occur—especially after years of nonuse—include:

Software bugs causing error messages or malfunctions.

Electrodes drying out if not maintained and regularly replaced.

Malfunctioning resistors, which can lead to misdiagnosis of sudden cardiac arrest.

Issues with battery management, recharging or accidental discharge.

Faulty circuit boards.

Incompatible or damaged cables and connectors.

Issues arising from humid conditions.

Since 2005 there have been 45,000 reports of the devices failing or malfunctioning, the FDA reported. The cause in the vast majority of cases was manufacturing problems, officials said, but some problems, like battery failure, were due to improper maintenance. Manufacturers have recalled the devices 88 times since 2005.

In response, the agency issued a proposed order on March 25, 2013, aimed at helping manufacturers improve the quality and reliability of the devices. If finalized, the order would require AED manufacturers to submit premarket approval (PMA) applications.

The proposed review process would allow the agency to more closely monitor how these devices are designed and manufactured.

“Automated external defibrillators save lives,” said William Maisel, deputy director of science and chief scientist at the FDA’s Center for Devices and Radiological Health. “However, the agency is concerned about the number of recalls and manufacturing problems that have been associated with these devices, and we’re committed to working with manufacturers to address these issues.”

Legal Issues, Liabilities Around AEDs

The purchase and availability of AEDs is controlled by state and federal laws and regulations. As AEDs are considered medical devices, the FDA oversees their manufacture and purchase.

There is no national requirement that employers provide AEDs in the workplace; even so, all 50 states have enacted laws or regulations for the devices. While state laws vary, they generally address AED availability in public buildings, conditions of use, medical oversight, training requirements and postevent reporting. Some states require that schools be equipped with AEDs, while others mandate their availability at health clubs or other fitness facilities.

Organizations have voiced concerns about liability for using the devices.

In 2000 the federal Cardiac Arrest Survival Act was signed into law; it was designed to expand the availability of AEDs in public settings and provide limited immunity from civil liability to a person who uses or attempts to use an AED on a victim of a perceived medical emergency. Additionally, all 50 states and the District of Columbia now include AED usage as part of their Good Samaritan laws. These laws vary by state but generally protect a bystander from civil liability for voluntarily aiding someone who is injured or ill in an emergency.

“If a workplace is in compliance with public-access defibrillation legislation, and if they provide training defined by their state Good Samaritan law, I would suggest that they are acting not merely in good faith but with proactive intention to save lives,” said Starr.

Moreover, he said that if an employer follows guidelines and approaches for a proper AED workplace program, then it will likely be granted the highest level of protection.

Setting Up an AED Program

The AHA strongly encourages organizations to implement AED programs to increase the chances of survival of those who suffer sudden cardiac arrest.

All worksites are potential candidates for AED programs because of the possibility of sudden cardiac arrest and the need for timely defibrillation.

Each workplace should assess its own requirements for an AED program as part of its first-aid response. According to OSHA, among the issues to consider in setting up a worksite AED program are physician oversight; compliance with local, state and federal regulations; coordination with local emergency medical services (EMS); the creation of a quality-assurance program; and the performance of periodic reviews.

Key steps to setting up an AED program at your workplace include:

Getting medical oversight. The FDA may require a physician’s prescription to purchase an AED. The physician’s role varies depending on the program’s size and other characteristics. Responsibilities may include signing off on or making recommendations on training plans, policies and procedures; evaluating AED data recorded during an emergency; and helping assess each use of an AED to recommend improvements.

Working with local EMS. Most states require employers to coordinate their AED program with local EMS and to provide follow-up data to EMS after the device is used. In states that require registration or application for AED programs, the physician or program coordinator completes this process.

Choosing an AED. There are several AEDs on the market that are suitable for an organization’s program. The AHA does not recommend a particular one but suggests choosing a simple, easy-to-use device.

Contacting technical support. Make sure you have technical support available when you need it. Call the manufacturer’s technical support number and see what kind of response you get. Is a representative available to help you right away? Are you on hold for a long time? Does your call go to voice mail? Also, be sure to research the manufacturer’s history before purchasing an AED.

Making sure program support is available. Some AED manufacturers provide help with program implementation and ongoing support. They can assist with placement, medical authorization, registration, training and supplies. Review your capabilities and determine if services like these would be helpful in implementing your program.

Placing your AEDs in visible and accessible locations. Being locked away or inaccessible does a rescuer no good. An effective AED response delivers a shock to a victim within three to five minutes after the person collapses. Use a three-minute response time as a guideline to help you determine how many AEDs you need and where to place them. AEDs are commonly located near elevators, cafeterias and main reception areas and on walls in main corridors.

Developing a training plan. AED users should be trained on the device and in CPR. AED training can increase responders’ comfort and confidence level.

Many safety organizations, such as the AHA and the American Red Cross, offer CPR and AED training.

Raising awareness of the program. After implementing an AED program, provide information to all employees about it. You may want to use internal newsletters, magnets, signage or other means to promote the program and identify where the devices are located.

Implementing an ongoing maintenance routine. It is important to visually inspect AEDs weekly or monthly to ensure they are working correctly, the AHA said. This inspection supplements regularly scheduled, more-detailed inspections recommended by the manufacturer. Also, contact the manufacturer periodically to get the latest information about software updates or upgrades.

Roy Maurer is an online editor/manager for SHRM.

Follow him on Twitter @SHRMRoy
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FOX59 reports Cintas sued for failure to maintain AED admin 10/04/2026 10:27 PM
by: Tyler Haughn

Posted: Jul 7, 2025 / 03:10 PM EDT

Updated: Jul 7, 2025 / 09:52 PM EDT


INDIANAPOLIS — The family of John Durm, a Marion County deputy who was strangled to death by an inmate during an escape attempt two years ago, has filed a wrongful death lawsuit against Eskenazi Hospital and Cintas Corporation.

According to a copy of the complaint, which was filed in Marion Superior Court 5 on Monday, Eskenazi employees failed to sufficiently restrain Orlando Mitchell after a medical appointment on July 10, 2023.

At that time, Mitchell was being held on a murder charge for shooting his son’s mother outside a daycare in 2022, a crime which Mitchell was sentenced to 66 years in prison on April 1.


Following Durm’s death, the Marion County Sheriff’s Office faced criticism at the time for how it transported known violent inmates and for failing to ensure the safety of deputies monitoring the inmates.

Previous reporting shows there was a five-minute gap between the moment Durm was attacked and when other deputies on the scene began to provide CPR. Police reports indicated at the time that Mitchell exited the transport van around 11:16 a.m. and wrapped his handcuff chain around Durm’s neck.

Durm soon went unconscious before Mitchell took control of the transport van and crashed it into a gate and a utility pole in an attempt to escape. It wasn’t until 11:21 a.m. that deputies and a nurse began to perform CPR on the fallen deputy. Durm had worked at the sheriff’s office since 1985.


“Prior to Durm Sr. returning from Eskenazi with the violent and dangerous inmate,
while at Eskenazi, an incident took place at Eskenazi which resulted in the unchaining and re-chaining of said inmate, a violent and dangerous prisoner, which ultimately led to and was a proximate cause of Durm Sr.’s death,” the complaint said. “Plaintiff alleges said incident involved security personnel or other personnel employed by Eskenazi not properly or sufficiently re-restraining said prisoner after a medical appointment.”

The complaint added that Durm’s family has incurred medical expenses following his death “as a direct and proximate result of Eskenazi’s negligence.”

The complaint states that Cintas Corporation allegedly supplied MCSO with “faulty” automated external defibrillators (AEDs) that they failed to “properly maintain.”

“Cintas owed a duty to the public, and Drum, Sr., to supply and maintain the AEDs at the Marion County Sheriff’s Office and Jail in a reasonably safe, working condition,” the complaint reads. “Cintas failed to reasonably supply and maintain the AEDs at the Marion County Sheriff’s Office and Jail in a reasonably safe, working condition, breaching its duty, and being a proximate cause of Durm Sr.’s death.”
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Law enforcement use of AEDs Jump to new posts
Fox59 reports Cintas sued failure to maintain AED in LOD admin 10/04/2026 10:26 PM
by: Tyler Haughn

Posted: Jul 7, 2025 / 03:10 PM EDT

Updated: Jul 7, 2025 / 09:52 PM EDT


INDIANAPOLIS — The family of John Durm, a Marion County deputy who was strangled to death by an inmate during an escape attempt two years ago, has filed a wrongful death lawsuit against Eskenazi Hospital and Cintas Corporation.

According to a copy of the complaint, which was filed in Marion Superior Court 5 on Monday, Eskenazi employees failed to sufficiently restrain Orlando Mitchell after a medical appointment on July 10, 2023.

At that time, Mitchell was being held on a murder charge for shooting his son’s mother outside a daycare in 2022, a crime which Mitchell was sentenced to 66 years in prison on April 1.


Following Durm’s death, the Marion County Sheriff’s Office faced criticism at the time for how it transported known violent inmates and for failing to ensure the safety of deputies monitoring the inmates.

Previous reporting shows there was a five-minute gap between the moment Durm was attacked and when other deputies on the scene began to provide CPR. Police reports indicated at the time that Mitchell exited the transport van around 11:16 a.m. and wrapped his handcuff chain around Durm’s neck.

Durm soon went unconscious before Mitchell took control of the transport van and crashed it into a gate and a utility pole in an attempt to escape. It wasn’t until 11:21 a.m. that deputies and a nurse began to perform CPR on the fallen deputy. Durm had worked at the sheriff’s office since 1985.


“Prior to Durm Sr. returning from Eskenazi with the violent and dangerous inmate,
while at Eskenazi, an incident took place at Eskenazi which resulted in the unchaining and re-chaining of said inmate, a violent and dangerous prisoner, which ultimately led to and was a proximate cause of Durm Sr.’s death,” the complaint said. “Plaintiff alleges said incident involved security personnel or other personnel employed by Eskenazi not properly or sufficiently re-restraining said prisoner after a medical appointment.”

The complaint added that Durm’s family has incurred medical expenses following his death “as a direct and proximate result of Eskenazi’s negligence.”

The complaint states that Cintas Corporation allegedly supplied MCSO with “faulty” automated external defibrillators (AEDs) that they failed to “properly maintain.”

“Cintas owed a duty to the public, and Drum, Sr., to supply and maintain the AEDs at the Marion County Sheriff’s Office and Jail in a reasonably safe, working condition,” the complaint reads. “Cintas failed to reasonably supply and maintain the AEDs at the Marion County Sheriff’s Office and Jail in a reasonably safe, working condition, breaching its duty, and being a proximate cause of Durm Sr.’s death.”
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Re: Federal appeal reopens American Airline wrongful death re: AED admin 10/04/2026 10:19 PM
A faulty defibrillator aboard an American Airlines flight led to a 14 year old's death, a new lawsuit claims
By
Bianca Giacobone


Mar 23, 2023, 7:48 AM PT


A 14-year-old boy went into cardiac arrest on an American Airlines flight, but couldn't be revived when a doctor tried to use a defibrillator on board, a new lawsuit filed by the boy's mother says.

The suit says the defibrillator was faulty — and places the blame on American Airlines.

Kevin Greenidge was flying from San Pedro Sula, Honduras, to Miami last June when he experienced the cardiac issue, according to the suit filed this month in federal court in New York by his mother, Melissa Arzu. She's seeking unspecified damages.


The lawsuit alleges that American Airlines failed to "ensure that the automatic external defibrillator and its mobile battery pack were fully and properly charged," and that the airline's alleged negligence "caused, permitted, and/or hastened the untimely death of" Greenidge.

Thomas Giuffra, a partner at law firm Rheingold Giuffra Ruffo & Plotkin who is representing Arzu, said Kevin was traveling with his uncle to New York when he fell ill. He was returning from a family vacation.


In a statement to Insider, an American Airlines spokesperson said the carrier was reviewing details of the lawsuit. "Our thoughts are with Mr. Greenidge and his loved ones," the airline said.

Defibrillators have been federally required on all passenger aircraft since 2004, and American Airlines became the first US commercial airline to put defibrillators on its planes in 1997 and to train its flight attendants to use them. They are considered "no-go" items, meaning that if they are missing or "inoperative" the plane should not be dispatched, according to the Federal Aviation Administration.
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Planet Fitness in PA sued for not allowing use of club AED admin 10/04/2026 10:07 PM
April 2, 2025, 9:16 AM PDT
By Elizabeth Chuck

A manager at a Philadelphia-area Planet Fitness allegedly refused to allow good Samaritans to use the gym’s defibrillator on a man who suffered a heart attack outside, a lawsuit says.

Guy Harris, 46, died Jan. 22 after going into cardiac arrest near a Planet Fitness in Clifton Heights, Pennsylvania, according to the wrongful death suit filed by his wife Wednesday in the Philadelphia Court of Common Pleas.

A married father of two, Harris had been driving his 11-year-old son to get a snack after school when he started experiencing symptoms of a heart attack, prompting him to pull over, the legal complaint said. He parked a short distance from the entrance to the Planet Fitness, where he was a member, it said.

Harris’ son got out of the car, called 911 and pleaded for help from passersby, said the lawsuit, which was first reported by NBC News. The legal filing said that one bystander who worked in the medical field began CPR on Harris, while another told customers exiting Planet Fitness to go back inside to ask for the gym’s automated external defibrillator, or AED — a portable device that delivers an electric shock to try to restore a person’s heartbeat.

“Two Planet Fitness patrons returned to the club and requested the AED, indicating that a man was dying outside,” the lawsuit read. “Despite knowing about the life-or-death situation unfolding, the Planet Fitness club manager refused.”

The lawsuit names Planet Fitness Inc., which is headquartered in New Hampshire, and Keystone NFP Clifton LLC, the franchisee operator in Clifton Heights, as defendants. Neither immediately responded to NBC News’ requests for comment.
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Hofstra University sued for delay in AED admin 10/04/2026 10:03 PM
Woman alleges delayed emergency care caused lasting injuries during exam.

A woman who suffered cardiac arrest during the New York State Bar Exam at Hofstra University has filed a lawsuit against the school, claiming the emergency response was delayed and that other test takers were told to keep working while unconscious. The lawsuit was filed in Nassau County on July 29, nearly one year after the medical emergency occurred. Mary Jane Hung, a New Jersey resident, was among roughly 600 people taking the bar exam at Hofstra’s testing site on July 30, 2025. According to the lawsuit, Hung was taking the test when she suddenly suffered a serious heart emergency at about 12:20 p.m. She collapsed on the floor inside the examination room.

The complaint states that Hung showed clear signs of a medical crisis. Her breathing was described as difficult, and she was reportedly gasping for air while her skin turned blue. Other people in the room noticed what was happening and tried to get the attention of exam staff, according to the court filing.

Hung’s lawsuit claims the response did not happen quickly enough. She claims emergency services were not called with the speed expected during such a serious event. It also claims that CPR was not started right away and that an automated external defibrillator (AED) was not quickly brought to the scene. The lawsuit also raises concerns about what happened inside the testing room while Hung was receiving help. According to the complaint, other people taking the exam were instructed to continue answering questions. Those who attempted to help Hung, get assistance or move away from the area were allegedly discouraged or told to return to work while she remained unconscious on the floor.

One person who was taking the bar exam described the situation to Newsday, saying, “That’s a real person who could be dying right in front of us,” while test takers were still expected to finish the exam. The account reflects the conflict faced by those in the room, who were under strict testing rules while another person was experiencing a potentially fatal medical emergency.

Hung’s complaint states that the delay in care caused serious and lasting harm, and that she sustained memory problems and difficulties with thinking after the cardiac arrest. She was also diagnosed with ventricular fibrillation, a dangerous heart rhythm that can cause the heart to stop pumping blood effectively.

The medical emergency also affected Hung’s education and career. The bar exam is required for people seeking admission to practice law, making the incident especially disruptive for someone working toward a legal career. The complaint claims that the effects of the cardiac arrest have continued beyond the original emergency.

Hung is accusing Hofstra University of negligence and premises liability, along with her specific claims involving staff training and supervision. She is seeking financial damages and has requested a jury trial. Hung’s attorney said the case is intended to seek accountability and provide some sense of closure after her traumatic experience.
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American Airline sued over AED failure in federal court admin 10/04/2026 10:00 PM
Federal Appeals Court Revives American Airlines Lawsuit Over Teen’s Inflight Death

by Alexandra Agraz | May 18, 2026


A federal appeals court has revived part of a lawsuit against American Airlines over the death of a 14-year-old passenger during a flight from Honduras to Florida, allowing claims tied to an allegedly malfunctioning onboard defibrillator to move forward toward trial.

A May 14 decision from the U.S. Court of Appeals for the Fifth Circuit stems from the 2022 death of Kevin Greenidge, who lost consciousness during the flight after experiencing breathing problems and chest pain. According to court records, flight attendants moved Kevin to the rear galley while two medically trained passengers assisted with CPR efforts before the aircraft diverted to Cancun. Kevin was later pronounced dead at a hospital.

Conflicting accounts about the aircraft’s automated external defibrillator, commonly known as an AED, became a major focus of the litigation. The device recorded that it delivered an electrical shock after detecting a shockable heart rhythm. Several witnesses, including a nurse and a surgical resident who helped treat Kevin on board, testified that they did not believe a shock was actually delivered during the emergency.

The Fifth Circuit found the conflicting testimony was enough to send part of the case back for trial. Judges pointed to Federal Aviation Administration regulations requiring commercial passenger aircraft to carry approved AEDs, finding that the alleged failure of the device could qualify as an unexpected onboard event under the legal standards governing international flights.

Because the flight originated outside the United States, the case is governed by the Montreal Convention, an international treaty covering airline liability for injuries and deaths during international air travel. Under the treaty, courts evaluate whether an unusual event during the flight contributed to the passenger’s injury or death.

Kevin’s family also argued that crew members reacted too slowly to the emergency, delayed CPR efforts, failed to quickly notify the cockpit, and did not contact an on-call physician service available to pilots during in-flight medical incidents.

Judges rejected those claims, concluding that prior court decisions generally do not treat an imperfect emergency response by airline personnel, on its own, as a qualifying accident under the Montreal Convention. Court records also showed crew members moved Kevin to the galley, sought medical assistance from passengers onboard, retrieved the AED, assisted with CPR efforts, and diverted the flight to the nearest airport.

Claims tied to the AED allegations will continue because federal aviation rules require airlines to carry functioning defibrillators onboard passenger aircraft. Judges said a jury could decide if the device failed during the emergency and contributed to Kevin’s death.

Damages tied to the family’s losses from Kevin’s death will also remain part of the case. Judges separately dismissed a claim accusing American Airlines of violating terms in its passenger agreement, concluding that the Montreal Convention governs many disputes involving injuries and deaths on international flights rather than separate contract claims.

The case will now return to the U.S. District Court for the Northern District of Texas for further proceedings.
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Law group seeking out litigants for deaths without AED use admin 10/04/2026 9:53 PM
AED Lawsuits

Wrongful Death Claims Involving Automated External Defibrillators


Automated external defibrillators (AEDs) can dramatically increase a person’s chance of survival when used within the first 5 minutes of sudden cardiac arrest (SCA), but studies show they are often not used, working, or available when it matters most.

At Athea Trial Lawyers, we help families and counsel seek justice for tragedies that could and should have been prevented with AEDs – including wrongful death arising from failures to use, provide, or properly maintain AEDs.

While these cases raise complex issues of liability and many questions about the responsibilities of premises owners, our award-winning team has what it takes to litigate these matters successfully.


Sudden Cardiac Arrest & AEDs

AED litigation typically stems from cases of sudden cardiac arrest, a medical emergency in which the heart abruptly loses its ability to pump blood. According to the CDC, more than 350,000 people suffer a cardiac arrest outside of a hospital each year – and less than 8% of them survive.

While survival rates for out-of-hospital cardiac arrest are low, it’s been well established that SCA can be reversed with timely CPR and use of a defibrillator to shock the heart and restore normal rhythm.

In fact, rapid use of an automated external defibrillator is so effective at saving lives that the federal government, all 50 states, and the District of Columbia have laws to promote access to and use of AEDs by the public.

State & Federal Laws Often Require Publicly Accessible Defibrillators

Today, a patchwork of state and federal laws strongly support AED availability and use by requiring the devices to be present in certain facilities and providing legal protections to non-medical personnel who use them in good faith. For example:

The Cardiac Arrest Survival Act requires AEDs in federal buildings, airports, and airplanes.

State laws may require AEDs in certain businesses, hotels, gyms or athletic clubs, government-owned facilities, casinos, schools, and golf courses.

Federal laws and nearly every state have “Good Samaritan Laws” which protect untrained lay rescuers who use AEDs from civil liability.

AED laws often include guidelines and requirements for maintaining AEDs.


AED Litigation: Defibrillators, Liability & Wrongful Death

AED lawsuits are immensely fact-specific claims subject to laws that vary by jurisdiction. In general, there are some common scenarios involved in litigating these cases:

Premises owners had no AED on their property in violation of statutory law or the duty of care owed to guests, particularly in situations where
An AED was present, but employees on site were prevented from using them by managers or not informed about their location, how to use them, or Good Samaritan Laws.
AEDs failed to function as intended due to product defects or improper / negligent maintenance.
In cases where there are no clear violations of statutes, there may be opportunities to argue liability based on common law duties, negligence, and premises liability.

Premises owners have legal obligations to protect against foreseeable risks of harm, and the number of out-of-hospital cardiac arrests each year may make it a foreseeable risk. Additionally, risks may be more pronounced in certain settings, such as places where people participate in athletic activities or large and isolated premises that emergency medical responders cannot immediately or easily access.

Our attorneys have extensive experience litigating serious injury, defective product, and premises cases against major corporations and insurance carriers. Most recently, we litigated a claim against a fitness chain on behalf of a former NFL athlete who died after going into cardiac arrest on the basketball court. It was alleged that had employees been available to help and use the AED right away, the victim would have survived.

Call for a FREE Consultation: (800) 664-0161
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Athea Trial Lawyers represents clients in serious injury cases and works to support counsel on complex claims nationwide. Tap into our deep resources and experience and position your case for success.

Consultations are free and confidential. Contact us to request yours.
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WOWK reports on school AED honoring deceased infant. admin 10/04/2026 9:31 PM
PUTNAM COUNTY, W.Va. (WOWK) – Three days. That is how long Jess and Mary Kuhl had their baby girl, Maura, before she passed away from a sudden cardiac arrest in September 2003.

“Mary was in bed with her, and I was in with my son, and she just quit breathing. So, you know, it’s just a pretty quick, sudden experience that, you know, sort of changed our lives forever,” Jess Kuhl said.

Although they were dealing with grief, her death fueled them with inspiration to make sure all children have life-saving tools near them if they were to experience heart failure.

They started carrying an AED around with them, and quickly realized these devices need to be in all schools. That’s when they started the Maura Rae Kuhl AED Foundation.

“It was about putting them first, to take care of our kids, essentially. But then we realized the awareness was zero. And so it’s been about awareness, placing them, and maintaining them,” Kuhl said.

An AED was placed by the foundation at Scott Teays Elementary. And in October 2023, it saved Gryffin Cavender’s life after he experienced cardiac arrest in gym class.

“It was really shocking, as at first you, you don’t know what’s going on, and then you get there, and you see an ad on your child, and you realize what’s just happened. He’s been shocked that he was responsive, which was incredible,” Leigh Cavender, Gryffin’s mother, said.

It’s stories like Gryffin’s that inspire the family to continue the foundation.

Since it began in 2010, they have given nearly 200 AEDs to schools around the region.

And each year, the foundation holds a 5K at the Putnam County Courthouse to raise funds to pay for the AEDs.

Kuhl says Maura has made more of an impact in a three-day lifetime than some do in 90 years.

“We need to raise kids that are good kids, productive citizens. And, you know, we’re Christians. We want to get to heaven. And, you know, we’re one for three right now or one for four right now. We got an hour there and she’s made a big impact,” Kuhl said.
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Heart Assn. Reports on CA bill to assure all students learn CPR admin 10/04/2026 9:21 PM
Sacramento, Calif., October 1, 2026 — Governor Gavin Newsom signed Senate Bill 945 (SB 945) into law today, advancing efforts to ensure all high
school students have access to lifesaving Hands-Only CPR training and automated external defibrillator (AED) education before graduation and
strengthen readiness to respond to cardiac emergencies.

Authored by State Senator Akilah Weber Pierson, M.D., and supported by the American Heart Association, a relentless force changing the future
of health for everyone everywhere, SB 945, CPR in Schools, builds on existing California law, which requires Hands-Only CPR instruction in high
schools that require a health class for graduation. SB 945 requires the California Instructional Quality Commission to consider adding information
about the importance of Hands‑Only CPR and AEDs during its next update of the physical education curriculum framework for all public high
schools.

“I am living proof that Hands-Only CPR saves lives,” said Susan Leonard. “When I suffered cardiac arrest, my husband was able to act immediately
because he had learned CPR as a teenager. Teaching more people about CPR gives future generations the knowledge and confidence to respond
when every second counts.”

Susan Leonard, a cardiac arrest survivor from Sacramento and volunteer with the American Heart Association, knows firsthand the importance of
CPR education. Despite having no prior history of heart disease, Susan collapsed at home from cardiac arrest. Her husband, Don, immediately
called 911 and began Hands-Only CPR, helping keep her alive until emergency responders arrived. Don learned CPR when he was 18 years old and
never expected he would need those skills more than 40 years later. But when Susan collapsed, Hands-Only CPR was the only tool available to
help save her life until EMS arrived.

“When more young people like me understand how to recognize cardiac arrest and respond with Hands-Only CPR, communities are better
prepared when emergencies happen,” said Hansika Kolli, President of the Vista del Lago High School American Heart Association club. “SB 945 is
an important step toward expanding awareness of CPR and AEDs in California schools. This new measure will help more students gain
knowledge that could one day help save a life.”

“Every second matters when someone is experiencing cardiac arrest,” said Senator Akilah Weber Pierson, M.D. “SB 945 takes an important step
toward ensuring that more California students have the opportunity to gain the knowledge and confidence they need to use CPR and an AED
when it matters most. These are lifesaving skills that can make a difference in our schools, our homes and our communities.”
Every year, more than 350,000 people experience cardiac arrest outside of a hospital, and nearly 90 percent do not survive. When CPR starts right
away, it can double or triple a person’s chance of survival. Expanding awareness of CPR and AEDs among students helps build communities
where more people are prepared to take action before emergency responders arrive.

The American Heart Association extends its deep gratitude to Senator Akilah Weber Pierson for authoring SB 945 and championing this
important legislation. Every student who trained in Hands-Only CPR and AED use gains knowledge that could help them become a potential
lifesaver in a future emergency. Through SB 945, California is taking an important step toward expanding awareness of lifesaving skills and
creating safer, more prepared communities.
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