VALERIE TRIM, et al. v. YMCA OF CENTRAL MARYLAND, INC.
Court of Special Appeals, Arthur, July 25, 2017,
AED Liability- ED 13-517 does not require that a business with an Automated External Defibrillator (AED) actually use it to provide aide to someone who has suffered cardiac arrest.
Facts
When Vincent Trim suffered a heart attack at a YMCA, a fitness instructor rendered CPR but did not have someone retrieve the AED kept nearby.
Trim died and his estate (represented by his wife, Valerie Trim) sued, arguing that because the YMCA had an AED nearby that they were required to use it.
The judge dismissed the case and Trim appealed, arguing that a business who has an AED on-site pursuant to ED 13-517 is also required to use it.
Law from the Case
Held: The YMCA was not liable for the death of a member who suffered cardiac arrest while playing basketball where an employee provided CPR but did not use the AED installed nearby.
AED – Maryland law establishes a public access program for AEDs designed to encourage their installation in places of business and public accommodation.
AED- The law does not create a duty of care which requires a business to use an AED on someone who reasonably appears to have suffered sudden cardiac arrest on the premises.