Please review the information on the case below (limited information). Using the

Question

Please review the information on the case below (limited information). Using the information you learned about negligence - explain your verdict in each case.

3.  Atcovitz v. Gulph Mills Tennis Club, Inc. – In this case, the 64 year old plaintiff(Atcovitz) with a history of heart problems had a heart attack while playing tennis at the defendant’s tennis club. The tennis club did not have an AED. Several club members performed CPR, and an ambulance arrived in approximately 10 minutes. Despite the emergency care, the plaintiff suffered severe and permanent injuries, for which he claimed the tennis club was negligent because it did not own and maintain an AED. Verdict????

Explanation / Answer

There is no common law that a business has an AED on its premises. Most of the state law requires if the building is having AED, it should be performed by the persons who are trained in the use of AEDs. Health clubs have no common duty to have AED on the premises. CPR should be given to the victim but it is provided in this case and the club has ensured emergency care by arranging the ambulance as fast as possible. Hence the tennis club cannot be held liable for negligence on the basis of not owning AED.

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