A health club's liability, and the Good Samaritan law.

Practice point: General Business Law § 627-a (1) requires health clubs to have an automated external defibrillator device (AED) on site, and at least one individual who holds a valid certification of completion of a course in operation of AEDs and in CPR.

Student note: The club was not be vicariously liable for breaching a common-law duty of care that its employees assumed by coming to plaintiff's aid as "Good Samaritans." Since the employees were providing emergency medical treatment to plaintiff, they could only have been liable for gross negligence, pursuant to Public Health Law § 3000-a [1].

Case: Chappill v. Bally Total Fitness Corp., NY Slip Op 09162 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: Damages for wrongful death.