Tuesday, June 24, 2014

Good Ruling

From the Chicago Tribune: California's top court on Monday unanimously ruled that large retailers are not required to provide automated external defibrillators (AEDs) inside their stores, deciding in favor of Target Corp in a wrongful death lawsuit brought after a shopper's sudden death.
The Supreme Court in California dismissed the argument that the U.S. retailer fell under a state health code statute that requires gyms and other "health studios" to make available the life-saving machines.
"We conclude that, under California law, Target's common law duty of care to its customers does not include a duty to acquire and make available an AED for use in a medical emergency," the six-judge panel wrote in an opinion on Monday.
The court's decision was a defeat for the mother and brother of 49-year-old Mary Ann Verdugo, who died of a sudden heart attack while shopping with her at a Target store in 2008 Pico Rivera, California, a city near Los Angeles. 

The wrongful death lawsuit alleged the company violated a common law duty to provide first aid to the large volume of customers that frequent its California stores daily, noting that AEDs retail on its website for $1,200.
"The inexpensive availability of AEDs and their ease of use with even minimal or no advance training have led to on-site CPR (cardiopulmonary resuscitation) and AED assistance to now be an expected part of first aid response," the Verdugo's complaint said.

While it would be nice to have an AED on site of a business- it should not be mandated.
And the California Supreme Court, in one of the few decisions I agree with, made the right ruling. 
If they ruled differently, would they then require an EMT or paramedic on site in case of a medical episode?
So, good for the California Supreme Court.

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