AED Legalities & Liability

Some organizations and communities let their concern about liability for AED acquisition and use be a stumbling block. However, AED programs can be developed in a way that makes them effective and manages liability risks. In addition, Good Samaritan immunity laws exist which may provide another layer of protection. Terms of these laws vary widely so be sure to read yours carefully.

Many AED Statutes have requirements that must be followed in order to qualify for immunity. Examples of some of the operational requirements found in these statutes include:

• Medical oversight and direction
• AED Maintenance and ongoing records of this maintenance
• Written AED policies and procedures
• Agency notification of the type and placement of AEDs
• AED training
• Post Event Services

These laws, combined with wider use of AEDs and mounting evidence that AEDs improve survival rates, are leading to evolving standards of care.

"In most settings, the medical benefits of AEDs far outweigh any legal risks," counsels Richard A. Lazar, an expert and consultant in AED program operations, risk management, law and public policy. "As these devices become more widely used, certain types of organizations may face a potentially greater liability risk for not adopting AED programs."

AED Authority® continually monitors existing and new AED laws. For example, there are currently 226 new AED Bills in front of various legislatures in the United States alone. AED Authority® maintains a reference library of AED laws; for copies of these please contact us.