Verdugo v. Target: Does A Retailer Have A Common Law Duty to Have an AED Available?

California Supreme Court to rule whether the duty to provide ‘emergency first aid’ requires having external defibrillators

A case on the California Supreme Court’s docket questions whether or not a common law duty requires retailers to have automated external defibrillators (AEDs) ready to use in stores to treat sudden cardiac arrest, which strikes about 380,000 Americans each year and is the leading cause of death in the U.S.

In Verdugo v. Target Corporation, a three-judge panel of the Ninth Circuit U.S. Court of Appeals voted 2-1 to certify this question to the California Supreme Court: "In what circumstances, if ever, does the common law duty of a commercial property owner to provide emergency first aid to invitees require the availability of an AED for cases of sudden cardiac arrest?" Counsel have been filing briefs on the case. The dates for the upcoming oral arguments and decision have yet to be determined.

Mary Ann Verdugo suffered sudden cardiac arrest while shopping at a Target store in Pico Rivera, Calif., in 2008. No AED was available at the store. Paramedics took several minutes to arrive, and Verdugo died at the scene, according to a report in Courthouse News. The report also noted that Target sold AEDs on its website at the time of the incident but does not require them to be installed in its stores.

Verdugo’s mother and brother sued Target for wrongful death, but Target disputes it has a duty to install AEDs in its stores. After a Los Angeles federal judge ruled in favor of Target, the Verdugos appealed to the Ninth Circuit.

Mary Newman, president of the Sudden Cardiac Arrest Foundation, said her organization encourages workplaces, including retail establishments, to prepare for sudden cardiac arrest by educating employees in CPR and the use of AEDs, and by ensuring that AEDs can be retrieved quickly when SCA occurs. “Deploying AEDs in retail establishments can help reduce the time to treatment for victims of sudden cardiac arrest — something that can benefit employees and customers alike,” she said.

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SOURCE: Chain Store Age