Is Your Business Required to Have a Defibrillator (AED)?

AEDs or Automated External Defibrillators are small portable devices that may be used when a customer or employee has a serious heart problem. These small, lunch box-shaped devices can be used to save lives in emergency situations, and require a minimal amount of training to be used properly. The National Institute of Health states that rapid treatment of sudden cardiac arrest with an AED "can be lifesaving." While these emergency devices may be available and incredibly comforting to have in private businesses, is there a legal requirement to have one in yours?

AED Legislation

Depending on your state and the nature of your business, you may be required to have an AED somewhere on your company's premises. Here are a few of the kinds of businesses that may be required to have AEDs:

• Gyms and health clubs. The Scripps Howard News Service reports that 14 states require AEDs in health clubs, although "most exempt spas in hotels."
• Dental offices. According to the National Conference of State Legislatures, Illinois requires dental offices which administer anesthesia to have an AED.
• Private schools. Some states, like Texas, require AEDs in all schools, including private and charter schools.
• Swimming pools. Depending on the local laws of your county or city, any swimming pool may be required to have an AED, or at least employees with AED training.

You can consult with a business attorney to make sure that you're complying with local laws, but as in many states, there may be no requirement that your business purchase and maintain an AED.

No Common Law Requirement for AED

Business owners may be worried that the absence of an AED could be a liability if a patron or employee has a cardiac event while on the business' premises. However, barring state or local laws to the contrary, there is no general common law duty for businesses to obtain or make available an AED. Unless your business is one that owes a special duty to its customers or clients (e.g., you're a medical provider, caretaker, etc.), your business also has no common law duty to rescue or perform emergency aid to customers or employees who experience heart attacks. It may sound grotesque, but your business could potentially be exposed to more liability by attempting to provide emergency aid. So consider these general legal principles when deciding if an AED is right for your business. For more guidance, get in touch with an experienced business attorney near you. If you haven't started your business yet, you can complete business formation documents from home with simple, DIY options customized for your state.

Related Resources:

• Find Business & Commercial Lawyers Near You (FindLaw's Lawyer Directory)
• Attention Shoppers: Is There a Duty to Provide an AED? (FindLaw's U.S. Ninth Circuit Blog)
• If an Employee Is Injured, What Should a Business Do? (FindLaw's Free Enterprise)
• FL Lifeguard Fired Over Liability Concerns (FindLaw's Free Enterprise)