The YMCA did not owe a participant in a soccer league that rented one of the YMCA’s fields for its games a duty of care to administer a heart defibrillator when the participant suffered a heart attack while playing soccer. With respect to the soccer league, the YMCA was not a health studio required to provide an AED by H&S Code 104113. H&S Code 1797.196 and Civ. Code 1714.21 do not impose a duty to have a facility operator’s employee apply and activate an AED at any location on the premises upon the occurrence of a medical emergency, even if the operator has acquired and made generally available. Nor did the YMCA assume any duty of care of that sort under the common law. Rowland v. Christian factors could not create such a duty when the Legislature has closely regulated the area and provided immunities to encourage the acquisition of AEDs to protect facilities and employees from liability in the event that they are used in an emergency.
California Court of Appeal, Fourth District, Division 1 (Huffman, J.); September 28, 2018; 27 Cal. App. 5th 853