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By: Carlos Martinez-Garcia
California’s Fourth District Court of Appeal recently affirmed the trial Court’s order granting summary judgment in favor of the YMCA, disposing of a wrongful death lawsuit involving a patron who died of a heart attack on their property. The appellate court agreed YMCA had no statutory or common law duty to provide or utilize AED devices to an adult experiencing cardiac arrest, when that adult is a permissive user of the facility whose independent soccer club rented an outdoor portion of YMCA’s soccer field.
Decedent Mr. Adeal Jabo was a member of a private soccer league (“The League”) which rented the YMCA’s enclosed soccer field independent of the YMCA’s memberships. The YMCA had defibrillator AEDs on its premises and regularly took AEDs to YMCA-led sport events, however, it did not bring AEDs to the League games since the games were independent of the YMCA. Mr. Jabo experienced cardiac arrest after a League game, later dying from the attack. Mr. Jabo’s on site medical care was limited to CPR despite AED devices available at the front desk of the YMCA.
The presence and use of AEDs at facilities are governed by CA Health & Safety Code section 104113 and Civil Code sections 1797.196 and 171421. “Health Studios” are required to acquire, maintain and train personnel on the use of AEDs.
Although the Appellate Court held the YMCA was a “health studio” towards its members, in this case it was renting a field to a nonmember League that did not choose to accept YMCA’s membership or regulatory practices. The Court narrowly construed the statutory language that imposes duties on Health Studios to its members. Consequently, the YMCA did not bring itself within the statutory definitions and duties applicable to “health studios” that are required to supply AEDs to ensure the safety of its members.
Next, the Court looked at Civil Code 104113, which outlines duties related to AEDs, and also grants immunities for not only the use of AEDs, but also their nonuse. The Court held that as a matter of law, Civil Codes 1797.196 and 171421 did not impose a duty on the YMCA’s employee to apply and activate an AED given the ‘nonuse’ portion of the statute, even though the YMCA had an AED on site to promote the safety of its members and other patrons on site.
Lastly, the Appellate Court determined that the YMCA had no common law duty to supply and implement an AED, because it did not take any action to increase risk of injuries to the Soccer League members, and the YMCA merely rented a portion of its property for the League’s independent use. Imposing a common law duty on the YMCA would improperly broaden the Legislative’s intent.
If you have any questions or would like more information, please contact Carlos Martinez-Garcia at email@example.com.