No Common Law Duty For Businesses To Have Defibrillators Available.

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 (Cal. Sup. Ct.; June 23,2014)59 Cal.4th 312, [327 P.3d 774, 173 Cal.Rptr.3d 662].)