Health clubs with 500 or more members must have an Automated External Defibrillator

(“AED”) on the premises pursuant to the General Business Law and the Public Health Law. An

AED is a portable medical device for delivery of an electroshock to restart normal heart rhythm.

In addition, health clubs with 500 or more members must have at least one individual

with training in AEDs and CPR on the premises during business hours. It should be noted that

any individual who uses the AED will have limited liability through what is commonly known as

the Good Samaritan Law. The Good Samaritan Law provides that any person who voluntarily,

and without the expectation of compensation, renders aid will not be liable for damages unless

the injuries were caused by gross negligence.

Unbelievably, the Courts are currently divided as to whether the person trained to use

the AED has an affirmative duty to actually use the life saving device on a person having a heart

attack. Certainly, the law was meant to ensure a higher level of safety for people who belong to

health clubs. It is undisputed that the likelihood of cardiac arrest increases in health clubs where

people engage in physical exertion and that there is a decrease in fatality rate with the immediate

use of an AED and CPR. However, the presence of an AED will be of no benefit unless it is

actually used.

Heather La Dieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001.  Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability.  Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America.  Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association.  Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.