Legislation and Liability

Good Samaritan laws

FACTS

In the US and Canada it is estimated that the public uses AEDs for about 2-5% of the arrests they witness. Based on estimates from communities with data, it is believed that public access defibrillation, even used only 2-5% of the time has saved about 474 lives per year in the US and Canada.5

Good Samaritan laws can protect those who use an AED to help a victim. These laws are intended to reduce bystanders hesitation to act for fear of being prosecuted for unintentional injury. These laws vary by area, but there are three elements that make up the Good Samaritan doctrine: (1) the care given was performed as the result of the emergency, (2) the initial emergency was not caused by the person providing assistance, and (3) the care was not given in a grossly negligent or reckless manner.

Good Samaritan laws vary from jurisdiction to jurisdiction, but all 50 states and the District of Columbia have enacted some form of the Good Samaritan act.

In addition to the Good Samaritan doctrine, states also have AED Laws which can serve to empower people to train and be prepared to use an automated external defibrillator to save lives. State legislation and mandates may exist for installing automated external defibrillators in public places like schools, sports stadiums, shopping malls, airports and hotels.

You can check on laws related to AED use in your state using either of the following sites:

The Sudden Cardiac Arrest Foundation (www.sca-aware.org)

Cardiac Science AED Laws and legislation(www.cardiacscience.com)