Did Inoperable AEDs Represent Club’s Negligence?

Is the title of December 2019 Athletic Business article by Lauren McCoy. McCoy states, although all 50 states have enacted some legislation requiring the placement of automated external defibrillators in public places, few specifically mention their use in fitness facilities. An ongoing lawsuit in New York may clarify requirements regarding the use of AEDs and the affirmative duties imposed on the health clubs operating these machines. New York General Business Law §627-a requires health clubs with more than 500 members to have at least one AED. However, there is some uncertainty regarding the duty imposed on the facility regarding AED usage, specifically related to proper maintenance of the equipment. In Diniro v. Aspen Athletic Club, LLC et al., 2019 NY Slip Op 04858, the New York Court of Appeals affirmed the Supreme Court’s denial of a motion for summary judgment filed by Aspen Athletic Club, highlighting that negligence may occur due to improper maintenance of AEDs. Click HERE to read the full article.

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