A California court ruled on Monday that Target stores do not have to provide defibrillators to their consumers.
Chief Justice Tani Cantil-Sakauye's decision on the national issue came as a result of a lawsuit from the family of Mary Ann Verdugo, who died from a heart attack during a 2008 shopping trip at a Pico Rivera, Calif., Target, according to The Los Angeles Times. Paramedics could not resuscitate her after they arrived on the scene and pronounced her dead.
"Under California law, Target's common law duty of care to its customers does not include a duty to acquire and make available [a defribrillator] for use in a medical emergency," said Cantil-Sakauye, according to The San Jose Mercury News. "It is appropriate to leave to the Legislature the policy decision about whether a business entity should be required to acquire and make available (a defibrillator) for the protection of its patrons."
The Verdugo family was reportedly unhappy with the Cantil-Sakauye's ruling, and believes the Target location in question needs to have medical assistance devices on its property, according to the family's attorney David Eisenstein.
The Verdugos previously sent an appeal to the U.S. 9th Circuit Court of Appeals when the judicial body questioned the California Supreme Court to see whether the current Golden State legislation called for businesses to supply defibrillators. The case now heads back to the court.
"There is a solution," said Eisenstein. "The Legislature still has the power to act ... there is a green light (from the court) to do so."
The U.S. Chamber of Commerce and the California Retailers Association agreed with Target's stance in California Supreme Court, according to Deborah LaFetra, a lawyer for the Pacific Legal Foundation.
"The court's decision properly recognizes that businesses cannot be responsible for every medical emergency that happens on their premises," LaFetra stated.
