Does Owning an AED Increase My Liability? 

In short, NO. The Federal government has recently enacted “Good Samaritan” legislation that affords limited protection from liability for lay rescuers trained to use AEDs throughout the United States. Michigan has also adopted its own version of the Good Samaritan” law that limits the liability of the company or institution purchasing a defibrillator. In fact, there is growing consensus that companies that are not prepared to respond to cardiac emergencies with an AED may actually expose themselves to increased liability.

Positive Assurances for Maintaining an AED On-Site.

• Implementation of the Good Samaritan Laws.
• State and Federal Laws:  Medical Oversight and Program Management (please refer to your state as each state is different).
• Cardiac Arrest Survival Act (CASA) was part of the Public Health Improvement Act signed into law November 2000.  Provides nationwide Good Samaritan protection that exempts from liability anyone who renders emergency treatment with a defibrillator to save a life. See House Bill #4420
• OSHA recognizes Sudden Cardiac Arrest as a potential risk at all worksites, and states “- serious consideration should be given to establishing a workplace AED program.”

What is my Liability if I do not have an AED?

• In 2006, the State of Michigan enacted Senate Bill #310 requiring all free standing health clubs to maintain an AED on site with trained personnel at all times.
• In 2006 the State of Florida enacted the law for all Dental Offices to have an AED program.
• In 1996 a Florida jury found an amusement park liable for a patron's death for not having an AED and trained personnel on site.