This page contains a Flash digital edition of a book.
There appear to have been no law-


suits in Canada involving the use or lack of use of an AED.


American legislation and liability Between 1997 and 2001, every


American state enacted laws provid- ing for public access to AEDs, most of which included Good Samaritan pro- tection. However, some of the legisla- tion provides additional legal require- ments which have caused some legal confusion. (A federal AED statute also provides for access of AEDs in air- planes and other public places.) Recent court rulings in some states


have held that fitness clubs may be re- quired to have AEDs on their premises – but they do not have a legal duty to use them!


When an AED and CPR are immediately


available, the likelihood of survival from sudden cardiac arrest increases by 75 percent or more.


CPR skills current? Have


an AED onsite? Fitness professionals all understand the importance of having CPR and AED skills. They also hope they will never have to use them. Watch this footage available at www.fitnessbusinesscana- da.com of an American personal trainer, taken by his club’s security camera, as he saves the life of a member who was simply walking on a treadmill.


ATLANTIS INTRODUCES THE UNIQUE ®


ABDOMAX


HAVE FUN BUILD YOUR ABS! Buy it online !


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The take-home message • Good Samaritan legislation will al-


ways protect AED and CPR users from negligence lawsuits, but not from gross negligence. • Fitness club operators without


AEDs may actually open the legal door to lawsuits alleging breach of a com- mon law duty for failure to install and/ or use AEDs. • AEDs save lives! FBC


Gary W. Pitts is an Ottawa-based sports and risk management lawyer and author of The Personal Trainer’s Legal Bible. Contact him at gary.pitts@rogers.com.


www.youtube.com/user/atlantisstrength View it in action with


Coach Charles R. Poliquin 1.877.454.2285 #248 | atlantisstrength.com Feel The Strength March/April 2014 Fitness Business Canada 21 atlantisstrength.com


Canada


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