No defibrillator in an ERP: what risk for the operator

Loi 2018-527 (French law) requires a defibrillator in public-access buildings. The duty has applied to categories 1 to 3 since 1 January 2020, to category 4 since 2021, and to certain category 5 establishments since 2022, under decret 2018-1186 (French decree). The text also sets side obligations, signage under the arrete of 29 November 2018 (French order) and registration of the unit in Geo'DAE.

This duty falls on the operator of the establishment, meaning the person or organisation running it day to day, not automatically on the owner of the building. A commercial lease is better off spelling out which party, landlord or tenant, carries that duty, to avoid any ambiguity during an inspection or after an incident. In a shopping centre or a gallery hosting several retailers, the point deserves to be settled in writing at signature, since each side might otherwise assume the other has it covered.

The decree sets no automatic fine tied to the mere absence of a defibrillator. The real exposure lies elsewhere. If a cardiac arrest occurs in an establishment subject to the duty and the unit is missing, out of service or cannot be found, that failure can be entered into the file during a civil liability claim brought by the victim or their family.

Depending on the circumstances, a clear-cut failure may also be examined from a criminal angle, particularly if it reflects negligence in how the safety of visitors was organised. A unit that is present but expired, flat or fitted with out-of-date electrode pads has the same effect as no unit at all, the equipment simply is not working at the moment it matters.

An insurer facing a claim can check whether the establishment met its regulatory duties, including the one covering the defibrillator. A documented failure weakens the operator's position when discussing cover, even where the policy does not mention the AED by name. Some professional liability policies already ask, at subscription or renewal, for a precise declaration of the safety equipment present on site.

Beyond the strictly legal side, an accident that occurs with no working equipment damages trust among the public, staff and sometimes partners of the establishment. Some tenders or agreements with local authorities already require proof of up-to-date AED compliance.

An equipped establishment is not necessarily compliant. Registering in Geo'DAE lets emergency services locate the nearest unit when someone calls the emergency number, and an unregistered defibrillator can delay that step. Signage required under the arrete of 29 November 2018 must also make the unit easy to spot from the building's circulation areas.

These two points, less visible than a physically missing unit, are still examined if the speed of the emergency response is ever called into question. Both are fixed within minutes and warrant no delay.

The timetable set by decret 2018-1186 distinguishes between categories of public-access buildings. It offers a useful reference for checking your own situation before moving further into the compliance process.

Becoming compliant requires neither a heavy budget nor a long wait. Rental starts at around 50 euros excl. VAT a month, servicing included, with a quote available within 24 hours and delivery in 2 to 5 working days. Units carry a 5-year warranty, which limits the financial risk for an operator putting things right. The rental route also transfers part of the technical follow-up, self-tests, electrode pads, battery, to a dedicated provider, cutting the odds of something being missed.

Keeping proof of that diligence, a servicing contract, a screenshot of the Geo'DAE registration, a photo of the signage in place, is a simple safeguard against any later dispute. It is a file that takes a week to build, not a project.