Verdugo v. Target
Issue: Medical Equipment in Retail Stores
Court: Supreme Court of California
Request under California Rules of Court, rule 8.548, that this court decide a question of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. The question presented is: "In what circumstances, if ever, does the common law duty of a commercial property owner to provide emergency first aid to invitees require the availability of an Automatic External Defibrillator ('AED') for cases of sudden cardiac arrest?"
The RLC filed a brief asking the Supreme Court of California to affirm the lower court’s ruling that under California common law, retailers are not obligated to acquire automatic external defibrillators (AEDs) in anticipation of potential medical emergency. For retailers, the burden of maintaining AEDs outweigh the foreseeability of harm.
The California Supreme Court affirmed the lower court's ruling and held that California common law does not require large retailers to acquire AEDs in their stores.
Procedural History and Case Documents: