If someone you love suffered harm or died from sudden cardiac arrest because a business or institution failed to maintain a functional and accessible AED, you may have legal options. Whether the device was defective, inaccessible, or staff refused to allow its use, Missouri law may support a negligence, wrongful death, or product liability claim depending on the circumstances. Contact the Springfield personal injury attorneys at Buchanan Williams & O’Brien to discuss your rights and next steps.
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AED Lawsuits in Missouri
Sudden cardiac arrest (SCA) is a high-stakes medical emergency where every second counts. In these moments, an Automated External Defibrillator (AED) is the most critical tool available to the public. When used within the first few minutes, an AED can increase survival rates by over 70%.
However, liability may arise if the business had an AED and employees were unable to locate it, refused to allow it to be used, or if the AED was defective or otherwise inoperable. In such cases, these circumstances may form the basis for a negligence, wrongful death, or product liability claim, depending on the facts.
At Buchanan, Williams & O’Brien, P.C., we represent individuals and families harmed when an AED malfunctioned, was improperly maintained, or was not reasonably accessible during a cardiac emergency. Schedule a free consultation today.
Where are AED Devices Required in Missouri?
Missouri law does not require every building, business, or public place to have an AED. However, the law requires them in certain specific locations, such as:
Mandatory AED Locations
- Public Schools: Missouri law requires public school districts and charter schools to maintain AEDs as part of a cardiac emergency response plan and ensure their availability during school-sponsored athletic activities.
- Health Clubs & Gyms: Certain health clubs that primarily provide cardiovascular exercise equipment are generally required under Missouri law to maintain at least one AED on-site and ensure that a trained employee is present during staffed hours.
- Ambulances & Stretcher Vans: Licensed basic life support (BLS) ambulances in Missouri must carry a functioning AED as part of their required equipment. Stretcher vans licensed as ambulance services must comply with the same standards.
If these entities fail to follow those legal requirements, that failure may be used as evidence of negligence.
Voluntary AED Installation and Legal Obligations
If a business, such as a grocery store or an office building, which is not required to have an AED but chooses to have one, it must follow the law. Missouri’s Public Access to Automated External Defibrillator Act (§ 190.092 RSMo) states that any entity owning an AED must:
- Maintain and test the AED in accordance with the manufacturer’s operational guidelines and any applicable state requirements.
- Replace batteries, pads, and other components as required by the manufacturer to ensure the device remains functional.
- Ensure that expected users receive appropriate training in cardiopulmonary resuscitation (CPR) and the proper use of the AED.
If a business installs an AED but fails to do the above, it may be held liable for resulting damages.
Confused about AED lawsuits in Missouri? We are here to answer your questions.
Establishing Negligence in a Missouri AED Lawsuit
Pursuing an AED lawsuit in Missouri may involve different legal theories depending on the circumstances. In negligence-based claims against a property owner or operator, the plaintiff must prove that the defendant breached a duty of reasonable care and that the breach directly caused the injury or death.
Liability does not turn solely on whether an AED was present; claims often involve allegations that the device was not properly maintained, was inaccessible, or that staff were not adequately trained to respond in an emergency.
Common Scenarios That May Lead to AED Liability Claims
- Inaccessibility: The AED was stored in a locked office or inaccessible location, preventing timely use during a cardiac emergency.
- Employee Interference: Staff members prevented or discouraged the use of the device, potentially delaying emergency response efforts.
- Maintenance Failures: The device was present but inoperable due to a failure to follow manufacturer maintenance guidelines, such as replacing expired batteries or pads.
- Failure to Activate Emergency Response: Employees failed to promptly call 911 or otherwise initiate emergency medical services while attempting to respond to the incident.
In other cases, liability may arise under product liability law if the AED is considered a defective medical device. For example, if it was improperly designed or manufactured, or lacked adequate warnings. In those situations, the claim is directed at the manufacturer or distributor rather than the property owner.
Seeking Compensation in a Missouri AED Injury Case
The harm resulting from a delayed or failed cardiac emergency response can be severe. When defibrillation is not provided in a timely manner, survivors may suffer permanent neurological injury, organ damage, or other life-altering complications. In some cases, the outcome is fatal, resulting in a wrongful death that places significant emotional and financial strain on surviving family members.
Potential Damages in Personal Injury Claim
In a Missouri personal injury claim, including those based on negligence or product liability, an injured survivor may seek compensation for damages such as:
- Medical expenses
- Lost wages and loss of earning capacity
- Long-term disability
- Pain and suffering
- Ongoing medical care and rehabilitation
These damages are intended to compensate the injured person for both the immediate and long-term consequences of the harm suffered. The goal of a Missouri personal injury claim is to restore, as much as possible, the financial stability and quality of life that were affected by the injury.
AED Attorney in Missouri: Schedule a Free Consultation
Insurance companies and businesses are not responsible for advising you of your legal rights or the full compensation that may be available. That is why having a skilled AED injury lawyer on your side is essential. We conduct a thorough investigation into every case to ensure the relevant facts are uncovered and your rights are fully protected.
If you or a loved one suffered harm following an alleged AED failure or delayed emergency response in Missouri, do not delay in seeking legal counsel. Critical evidence, including maintenance logs, inspection records, surveillance footage, and digital device data, may be lost, overwritten, or destroyed over time.
Schedule a free, no-obligation consultation. No fee unless we win.
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