Previously We Reported: No Common Law Duty For Businesses To Have  Defibrillators Available.

A woman suffered a cardiac arrest while shopping at Target. Paramedics took several minutes to arrive and then maneuver through the store, and were unable to revive the woman. The woman’s family filed an action in state court, and Target removed it to federal court. The suit contends that Target breached the duty of care that it owed to business customers by failing to have on hand within its store an automated external defibrillator [AED]. After the federal trial court dismissed the action for failing to state a cause of action, the Ninth Circuit decided that California precedents do not provide sufficient guidance and asked the California Supreme Court to address the issue. The California Supreme Court stated:  “[W]e conclude that, under California law, Target’s common law duty of care to its customers does not include a duty to acquire and make available an AED for use in a medical emergency.” (Verdugo v. Target Corporation June 23, 2014) 59 Cal.4th 312, [173 Cal.Rptr.3d 662, 327 P.3d 774].)

Update: When the case was again considered by the Ninth Circuit, that court stated: “The district court’s ruling that Target had no common law duty to provide AED [Automatic External Defibrillator] in its store is consistent with the California Supreme Court’s answer to the certified question, and so we AFFIRM. (Verdugo v. Target Corporation (Ninth Cir.; October 28, 2014) 770 F.3d 1203.)