Defibrillators fail, man dies (Airport devices had dead batteries)

Philadelphia Daily News ^ | Posted on Tue, Apr. 05, 2005 | By DAVE DAVIES

[swordfish71]

An Excellent example of Dire Straits!

[Richard Kimball]

Laws are different in different states, but generally, even if an entity is not required to provide a service, if they choose to provide the service, they are obligated to provide it properly. I don't know if there are any regulations requiring the AEDs to be available, but even if there were not required, the entity choosing to place them there assumed a duty by providing them. The doctor should not be liable, because he did not have control over the equipment.

[Cboldt]

Ahh. I knew that was coming. Thought about Knopfler when I typed "dire straits.' Even heard "Sultans of Swing" playing in my head.

Hope you have a great day! I have to get my fanny to productive work.

[elfman2]

"Once the airport had this life-saving equiptment, it is required that THEY maintain it. "

Says who? If you have life saving equipment and I’m over at your house, are you responsible for my death when it fails? Does that change if you’re operating a business out of your home? What if it’s actually at your business?

Of course not, but when you become a billion dollar enterprise, some people will think you’re responsible for their failures.

Also, the airport didn’t make the deliberator.

[Kozak]

AED's in public places like airports can be real life savers. Rapid defibrilation is the only thing thats been shown to make a difference in these cardiac arrests. This really highlights the need to have a solid QA, maintenance program in place. I notice that one of the manufacturers is now doing direct marketing on TV to the public. same thing will apply here. Better check the pads and batteries on the recommended maintenance schedule....

[Cboldt]

... even if an entity is not required to provide a service, if they choose to provide the service, they are obligated to provide it properly.

That makes sense. I also read the summary of the horse barn that didn't need to, but did have fire suppression, where the owner/operator of the barn was found liable because the supression was not maintained.

Like the doctor. He has no legal obligation to help, but if he does, he better do it right.

[visualops]

She better make sure someone comes in and really does check and date those, because around here if the Fire Inspector comes around and finds that, you'll get fined for not being up to code (or whatever).

[elfman2]

"If they had not bought them in the first place---they likely would not be responsible. That is unless they have a local law requiring it. "

Fortunately governments can exempt themselves from liability. Otherwise the same parasites that want to sue the airport where their grandpapa had his heart attack would want to sue the state for not inspecting the batteries regularly once the law was passes.

[Bloody Sam Roberts]

OTOH, it is entirely possible that the patient was beyond saving.

That's not for the attending 'Samaritan' to decide. That issue is for a jury to decide.
</sarcasm>

[swordfish71]

Why don't you read the previous posts?

YOUR house isn't a public place---an Airport is a different story entirely.

Regardeless who made it---if it wasn't maintained, they can be held responsible. More so if the manufacturer specifies a maintanance schedule.

The only thing you have right was that they might have been better served (legally, at least) if they hadn't bought them at all.

[Snoopers-868th]

73 years old or 2 years old I see no difference. If it is so important to have these available for public use then either party should be able to sue.

[doc30]

I don't think airports have a legal duty to have working defibrillators,

I think the issue is that they may not be required, but if a facility has them, they need to maintain them.

[xjcsa]

I think that a deliberator requires a lot more current.

What's a deliberator? Does it help you win arguments?

[swordfish71]

You logic is ridiculous---perhaps you feel that they shouldn't inspect fire and other safety gear as well?

Then you could say "Too bad Grandpa burned up"

[swordfish71]

"Your" for "You"

[Delta 21]

You can power a radio for over an hour by crancking for 60 seconds. These units are very portable so their power requirements cant be that demanding. With the advances in modern electronics this is a very do-able thing.

Lawyers pockets just keep gettin deeper.......

[elfman2]

"YOUR house isn't a public place---an Airport is a different story entirely. "

So if you buy a deliberator for your coffee shop and let the batteries run out when my grandpapa has his heart attack there, you support my recourse to own your coffee shop, savings and put a lean on your house?

[elfman2]

"You can power a radio for over an hour by crancking for 60 seconds."

You can power a radio on a battery that you can put on your chest without it changing your heart rhythm. I don’t know how much power is required, but I doubt that it can be cranked up on 60 seconds.

[swordfish71]

If you have it posted that you have a defib in the coffee shop you might have a problem as you might be expected to have a working one. If you didn't have the defib in the shop and one is NOT required by law, no one could hold you responsible for anything. Unless the coffee killed him.

Did you mean "Lien", by the way?

[elfman2]

"You logic is ridiculous"

That’s just what you say rather than being big enough to learning from having every one of your misconceptions defeated by sound reasoning.