Cincinnati AED Liability Lawyer
If a working AED had been properly used when your loved one went into cardiac arrest, things might have turned out differently.
Now you’re replaying those few minutes that changed your life, trying to understand what went wrong. Maybe the battery was dead. Maybe the lifesaving device was difficult to access. Maybe it was missing entirely, or no one knew where to find it.
You deserve to know what happened during those critical minutes, and whether someone can be held accountable.
“We can’t give you those life-changing moments back, but we can help you find out what went wrong and whether someone should be held responsible.”
~ Richard E. Reverman, Partner
Surveillance footage, 911 recordings, witness accounts, and data from the AED itself can help piece together what happened. At Young, Reverman & Bolotin, our Cincinnati AED liability lawyers know what evidence to look for and what questions to ask.
Table of Contents
Table of Contents
When Can You Hold Someone Responsible for an AED Failure in Ohio?
Finding out that an AED did not work, could not be found, or was never used does not automatically mean someone is legally responsible. Ohio law gives certain people, businesses, and organizations significant protection from lawsuits involving AEDs. But those protections have limits.
That is why we need to know exactly what happened.
- Was the AED regularly tested and maintained?
- Were the battery or electrode pads expired?
- Had the device failed an earlier inspection?
- Did anyone know there was a problem and fail to correct it?
- Was the AED somewhere people could actually reach it during an emergency?
- Was there an emergency response plan that no one followed?
Ohio law requires a person or organization that possesses an AED to maintain and test it according to the manufacturer’s guidelines. However, Ohio also provides broad civil immunity to many of the people and organizations involved in acquiring, placing, managing, or using an AED. Depending on who is involved and what happened, proving ordinary negligence may not be enough to overcome that protection.
This is where the details of your loved one’s case become critical.
We need to determine who was responsible for the AED, what they knew about its condition, what they did before and during the emergency, and whether their conduct contributed to what happened.
If the AED itself malfunctioned despite being properly maintained, we may also need to investigate the manufacturer and determine whether a defective device played a role.
Call (513) 400-0000 now for a free case evaluation.
What Could Have Gone Wrong With the AED?
You may already have a pretty good idea of what went wrong. Maybe someone tried to use the AED, but it wouldn’t turn on. Maybe employees spent precious minutes searching for it. Or maybe the device was right there, but no one attempted to use it.
These are very different situations, and each raises questions we need to investigate.
The AED Had a Dead Battery or Expired Pads
An AED needs a functioning battery and usable electrode pads to work properly. If either component was expired, damaged, or missing, the device might not have been ready when your loved one needed it.
We would want to know when the AED was last inspected, whether anyone had noticed a problem, and whether the person responsible for maintaining it followed the manufacturer’s instructions.
No One Could Find or Access the AED
What good is an emergency device if no one can get to it?
An AED might be locked in an office, stored somewhere employees don’t know about, or located too far from where the emergency occurred. We would look at where the device was kept, who could access it, and whether any applicable placement or emergency response requirements were followed.
The AED Wasn't Properly Maintained
Under Ohio Revised Code § 3701.85, people and organizations possessing AEDs must maintain and test them according to the manufacturer’s guidelines.
If an AED wasn’t regularly checked, warning indicators were ignored, or necessary maintenance was overlooked, we would investigate whether those failures contributed to what happened.
The AED Malfunctioned
Sometimes an AED fails even when it has been properly maintained.
A problem with the device’s design, manufacturing, or instructions could raise questions about product liability. We may need to examine the AED, review its available electronic records, and determine whether a defect prevented it from functioning as intended.
The important question isn’t simply why the AED didn’t work. It’s whether the problem could have been prevented, whether it contributed to your loved one’s injuries or death, and whether Ohio law allows someone to be held responsible.
Who Was Responsible for Making Sure the AED Was Ready to Use?
You might assume that whoever owned the building was responsible for making sure the AED worked. But it isn’t always that simple. A business may own the device while another company handles its inspections and maintenance. At a school or athletic facility, several people may share responsibility for keeping the AED ready for an emergency.
Ohio Revised Code § 2305.235 provides significant legal protection to many people and organizations involved in AED ownership, placement, and use. In circumstances covered by that law, liability generally requires proof of willful or wanton misconduct rather than ordinary negligence.
We need to identify who was responsible, what they were legally required to do, and whether their conduct contributed to serious injuries or death. Only then can we determine whether the evidence supports a claim against any of the parties involved.
Depending on where your loved one’s cardiac arrest occurred, we may need to investigate:
- Business owners and property managers: Who owned the AED, where was it kept, and who was supposed to maintain it?
- Schools and athletic facilities: Were applicable AED placement, training, and emergency response requirements followed?
- AED maintenance companies: Was an outside company responsible for inspecting, servicing, or replacing components?
- AED manufacturers: Did a defect prevent the device from working properly?
What If an AED Was Available but No One Used It?
Maybe the AED was hanging on the wall just a few feet away when your loved one collapsed. Employees knew it was there, but no one retrieved it. Or perhaps someone called 911 and waited for paramedics, not realizing they could have used the AED while help was on the way.
You may be asking yourself whether those lost minutes could have made a difference.
Ohio law does not automatically make someone liable for failing to use an available AED. Under Ohio Revised Code § 2305.235, certain people and organizations have significant protection from civil liability involving AEDs. Whether those protections apply depends on the circumstances, including the conduct involved and any legal duties that existed.
We want to know why the AED wasn’t used. Did anyone recognize the cardiac emergency? Were employees expected to follow an emergency response plan? Was there a delay that could have been avoided? And most importantly, is there evidence that the delay contributed to your loved one’s injuries or death?
Those answers can help us determine whether your family has grounds to pursue a claim.
What Evidence Can Show What Happened During Those Critical Minutes?
You may have been told that everyone did everything they could to save your loved one. But how can you be sure? What if the AED hadn’t been inspected in months? What if someone knew it wasn’t working? What if the device recorded information that tells a different story?
We don’t have to rely solely on what someone remembers about that day.
Our Cincinnati AED liability lawyers can work to obtain evidence that helps establish what happened before, during, and after the cardiac emergency. Depending on the circumstances, that evidence may include:
When was the device last tested, and were known problems addressed?
Did the device record when it was activated, what heart rhythms it detected, or whether a shock was delivered?
How quickly did people respond, and what happened while everyone waited for emergency medical services?
Were there procedures in place, and did the people involved follow them?
What did people observe, and what do the medical findings tell us about the emergency?
We may also need medical or technical experts to help determine whether an AED malfunction, delayed response, or other failure contributed to your loved one’s injuries or death.
The sooner we begin investigating, the better our chances of preserving important evidence. Surveillance footage may be overwritten, electronic records may become unavailable, and memories can fade. We can take steps to identify and preserve evidence before it is lost. Call us. (513) 400-0000.
Can You File a Wrongful Death Claim After an AED Failure?
Under Ohio Revised Code § 2125.01, your family may have grounds for a wrongful death claim if legally actionable wrongdoing contributed to your loved one’s death. We would need to establish whether someone can be held legally responsible under Ohio’s AED liability laws and whether the evidence supports a connection between their conduct and the death.
A wrongful death claim may allow eligible family members to recover compensation for funeral and burial expenses, lost financial support, loss of companionship, and mental anguish. Under Ohio law, the personal representative of your loved one’s estate generally has two years from the date of death to file the lawsuit, although exceptions and special rules may apply.
You may never know for certain whether using an AED sooner would have saved your loved one’s life. But if the device wasn’t working, couldn’t be accessed, or wasn’t used when it was needed, you have good reason to want those circumstances investigated.
Frequently Asked Questions About AED Liability in Ohio
Does Ohio Law Require Every Business to Have an AED?
No. Ohio does not generally require every business to have an AED. However, certain facilities, including schools, may be subject to specific requirements. Even when a business voluntarily provides an AED, Ohio law establishes maintenance obligations and liability protections that must be considered when evaluating a claim.
Can I Sue if an AED Was Available but Didn't Save My Loved One?
Not necessarily. An AED cannot save every person experiencing cardiac arrest. To pursue a claim, we would need evidence of legally actionable wrongdoing and a connection between that conduct and your loved one’s death or injuries. Ohio’s AED immunity laws can also limit who may be held responsible.
How Soon Should I Contact a Lawyer After a Suspected AED Failure?
As soon as possible. AED event data, maintenance records, surveillance footage, and witness accounts may become harder to obtain over time. An attorney can help identify which records should be preserved while the circumstances are still fresh.
What Does It Cost to Have Young, Reverman & Bolotin Review My Case?
Your initial consultation is free. We handle personal injury and wrongful death cases on a contingency fee basis, which means you do not pay attorney fees unless we recover compensation for you.
Talk to a Cincinnati AED Liability Lawyer About What Happened
Was the AED supposed to be there? Was it working? Could someone have used it sooner?
If you’re still trying to piece together what happened when your loved one went into cardiac arrest, we’d like to hear your story.
Call Young, Reverman & Bolotin at (513) 400-0000 to speak with our Cincinnati legal team. We’ll listen to your concerns, discuss the circumstances, and help you understand whether you may have grounds for a claim.
Your consultation is free, and you won’t pay attorney fees unless we recover compensation for you.
I cannot recommend this law firm enough! From the very beginning, they were professional, knowledgeable, and genuinely cared about my case. They took the time to explain every step of the process, answered all of my questions with patience, and always made me feel informed and supported.
Their expertise and dedication made all the difference, and thanks to their hard work, I won my case. They fought for me every step of the way and never gave up.
