New York – While state law requires New York health clubs to have defibrillators and train staff to use them, they aren’t required to use them when a patron goes down.
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That’s the ruling of New York’s top court in the 2007 death of Gregory Miglino Sr., who collapsed in cardiac arrest at a Long Island health club owned by Bally Total Fitness of Greater New York.
Gym staff called 911, broadcast an in-house request for anyone with medical training and brought the club’s defibrillator to Miglino’s side, where a trainer detected breathing and a pulse but didn’t use it.
A doctor and medical student began cardio-pulmonary resuscitation, paramedics arrived and shocked Miglino, but he died.
The Court of Appeals says Thursday a negligence lawsuit can proceed but the gym’s duty is limited.
Of course if “a trainer detected breathing and a pulse but didn’t use it.” i.e. didn’t use the defribillator. The (automatic) defibrillator would also not indicate a shock.
While state law requires New York health clubs to have defibrillators and train staff to use them, they aren’t required to use them when a patron goes down.
somehow this makes no sense
To #2 - I’ll tell you another law which makes no sense; the Administrative code of the City of Columbus, Ohio requires property owners to clear their sidewalks of snow, following a snowstorm. However, in 1994, the Ohio Supreme Court ruled that property owners could not be held liable for someone falling and injuring themselves, because of natural accumulations of ice and snow. Therefore, why should someone bother to clear their walkway, knowing that can’t be held liable, if someone falls from natural accumulations of snow? If they start shoveling the snow, it is no longer natural. Hence, if someone falls on the ice after they’ve shoveled, they could conceivably be held liable for someone’s injuries. My point is that the latter ruling is just as clear as the New York ruling mandating defibrillators, but not requring their use!
I GUESS IF they found a starving homelss man begging for water they arent required to give him any assistance
Further, New York City has argued in legal briefs that the police have no duty to protect any person from being attacked. This became prominent again after a lawsuit in which police just stood by when someone was attacked, and only started taking action when a good samaritan tackled the criminal.