The Legal Risks of Unmonitored AEDs
In recent years AEDs have become critical tools for saving lives during sudden cardiac arrest (SCA) emergencies. However, failing to maintain these devices can lead to serious legal and safety consequences. In the United States, there have been lawsuits against organisations for missing, unserviced, or non-functional AEDs, highlighting the importance of proper monitoring and maintenance. With South Australia’s new legislation mandating AEDs (and associated maintenance) in prescribed buildings, the need for reliable remote monitoring to ensure your AED is rescue ready has never been more critical.
Legal Risks of Unserviced AEDs in the US
In the US, where all 50 states legislate the need for AEDs in some fashion already, organisations have faced legal action when AEDs were unavailable, unmaintained, or not properly advertised. For example, lawsuits have been filed against businesses, schools, and fitness centers where AEDs were either not functional or not accessible during emergencies. These cases often argue that the organisation failed in its duty of care or was directly contravening the law, as a properly maintained AED could have increased the chances of survival for SCA victims. The Sudden Cardiac Arrest Foundation confirm, that the absence of, or non-functioning AED can lead to litigation, with plaintiffs claiming negligence due to unserviced or missing devices.
While Good Samaritan laws in all 50 US states protect individuals who use AEDs in good faith, these protections do not extend to organizations that fail to maintain their devices. Courts have increasingly scrutinised whether AEDs were rescue ready—meaning fully operational, with charged batteries and functional pads. The legal trend shows that facilities without properly maintained AEDs may face greater liability risks than those with active maintenance programs.
South Australia’s AED Legislation: Uncharted waters for Australia
South Australia has taken a pioneering step with the Automated External Defibrillators (Public Access) Act 2022, making it the first Australian state to mandate AED installation in various public and private buildings, including schools, libraries, shopping centers, and commercial properties over 600 square meters. The law, effective for Crown-owned buildings from January 1, 2025, and for non-Crown buildings from January 1, 2026, requires AEDs to be installed, maintained, and registered, with clear signage and annual testing to ensure functionality. Non-compliance can result in fines of up to $20,000.
This legislation underscores the importance of AED readiness. An unmonitored AED could have flat or low batteries, expired defib pads, or a host of other malfuctions, leading to the device being inoperable. This could easily lead to unnneccessary loss of life and exposing property owners to legal risks. Medico-legal action, particularly where loss of life has occured, can easily add up to multimillion dollar claims.
The Role of Remote Monitoring in Mitigating Risk
Remote monitoring is a game-changer for ensuring AEDs are always rescue ready. Unlike manual checks, which can be inconsistent, require diligence, and are prone to human error, remote monitoring systems provide real-time updates on an AED’s status, including battery levels, pad expiration, and device functionality. These systems alert owners immediately if an issue is detected, allowing for swift action to maintain compliance and readiness.
Here’s why remote monitoring is essential:
Legislative requirements: South Australian law requires AEDs to be maintained to ensure functionality. Remote monitoring ensures you can rest easy in the knowldedge that your AED/s are being checked for readiness daily
Reduced Legal Exposure: By ensuring your AED is always operational, remote monitoring minimises the risk of lawsuits similar to those seen in the US, where unserviced AEDs led to legal action.
Peace of Mind: With 24/7 monitoring, you can be confident your AED will perform when needed, protecting your staff, customers, and community.
Cost-Effective Maintenance: Remote systems save time and resources. An AED program of 5 AEDs, for example, can be checked for readiness in seconds, and daily!
Why Choose Our AED Rental and Remote Monitoring Services?
AED Ready specialises in AED rental and remote monitoring solutions tailored to respond to South Australia’s new legislative requirements. Our state-of-the-art remote monitoring technology ensures your AED is always rescue ready, with real-time alerts and comprehensive maintenance support. If there is a problem, AED Ready will be on the case to replace the device ASAP to ensure you are protected. Our rental program offers flexible, cost-effective options. By partnering with us you’re investing in the safety of your community and protecting your organisation from the risks of unserviced AEDs. Don’t leave it to chance. Ensure your AED is ready to save lives with our expert rental and monitoring services.
Take Action Today
The legal case examples in the US and South Australia’s new legislation send a clear message: maintaining a rescue ready AED is no longer optional—it’s a legal and moral imperative. Contact us today to learn how our AED rental and remote monitoring services can help you reduce risks, reduce fuss, and save lives. Together, we can build a safer, more prepared community!