Liability for Failure to Provide Assistance and Absence of AED

Dealing with the consequences of cardiac arrest that led to severe permanent injuries or, in the most tragic cases, the death of a loved one, is a devastating experience. The pain is often exacerbated by the realization that timely intervention with an automated external defibrillator (AED) could have changed the outcome of the event. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci deeply understands the sensitivity of these situations, where emotional suffering is compounded by the need to clarify the legal responsibilities of those managing the accident site.

The presence of life-saving devices is not just a matter of common sense, but in many contexts, it represents a precise legal obligation. When this obligation is neglected, or when staff are not adequately trained in the use of the device, grounds for liability arise that can entitle victims and their families to fair compensation.

The Regulatory Framework: Obligations and the Balduzzi Decree

In Italy, the legislation on health and safety in sports facilities and public places has undergone significant evolution, culminating in the so-called Balduzzi Decree and subsequent amendments. The law requires sports clubs and associations, both professional and amateur, to be equipped with automated external defibrillators and to ensure the presence of personnel adequately trained in their use during activities. This obligation stems from the medical understanding that, in the event of sudden cardiac arrest, every minute that passes without defibrillation drastically reduces the chances of survival.

Liability is not limited to the mere physical presence of the device. It is essential that the device is regularly maintained, functional, and accessible. Failure to comply with these requirements can result in both civil and criminal liability for the facility manager or event organizer. Legally, a causal link must be demonstrated: it must be proven that if the defibrillator had been present and used correctly, the unfortunate event (death or serious injury) would have been avoided or would have had lesser consequences. This is the core of the legal issue that requires in-depth technical analysis.

The Bianucci Law Firm's Approach

Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, tackles these complex cases with a rigorous and analytical method. It is not simply a matter of sending a damages claim, but of building a solid evidentiary framework. The firm's strategy begins with the acquisition of all medical documentation and the 118 (emergency medical service) intervention reports, to reconstruct the timeline of assistance minute by minute.

Subsequently, the firm collaborates with forensic doctors and cardiology specialists to establish with scientific precision whether the absence or improper use of the defibrillator was decisive in causing the damage or death. The objective of Avv. Marco Bianucci is to ascertain whether there was negligence, recklessness, or lack of skill on the part of the facility managers. The approach is always personalized: each incident has unique dynamics that must be valued to best protect the client's rights, both in the pre-litigation phase to attempt an amicable settlement, and in court if necessary.

Frequently Asked Questions

Who is responsible if a gym lacks a defibrillator?

Responsibility generally falls on the legal representative of the sports club or association managing the facility. However, responsibility may also extend to the owner of the facility or the organizer of the specific event, depending on contractual agreements and the regulations in force at the time of the incident. It is necessary to analyze the bylaws and management contracts to identify the party liable for compensation.

What happens if the defibrillator was present but not working?

The mere presence of the device does not absolve from liability if it is not operational. The manager has the obligation to ensure the periodic maintenance of the AED (checking batteries, pads, etc.). If the failure to provide assistance is due to a malfunction caused by poor maintenance, the manager is liable for the damages caused, just as if the device had been absent.

Is it possible to claim compensation even if the victim had pre-existing conditions?

Yes, it is possible. The presence of prior cardiac conditions does not automatically exclude the right to compensation. The legal issue focuses on the loss of a chance of survival: if the use of the defibrillator could have saved the life despite the condition, the right to compensation exists. This aspect requires an in-depth medico-legal expert assessment that Avv. Marco Bianucci coordinates with his consultants.

What damages can be compensated to family members in case of death?

In case of death, family members (close relatives) are entitled to compensation for non-pecuniary damages for loss of familial relationship, which covers inner suffering and the disruption of daily life. Furthermore, pecuniary damages may be claimed, i.e., economic losses suffered by the family as a result of the death of the relative, if they contributed to the family's sustenance.

Request a Case Evaluation

If you have lost a family member or suffered serious injuries due to the absence or malfunction of a defibrillator, it is crucial to act with awareness. Avv. Marco Bianucci is available at the Milan office, located at Via Alberto da Giussano 26, to examine your situation. Through an initial consultation, it will be possible to assess the feasibility of a compensation action and outline the most appropriate path to obtain justice.