Can a business or person be sued for having or using an AED?
Anyone can file a law suit against a business or residence for having or not having an AED. However, businesses and residences that have AEDs available to protect employees, customers, relatives and visitors, laws are in place to protect them and significantly improve a business or persons chances of the dismissal of claims. These laws were enacted to encourage businesses and residences to purchase these life-saving products. A federal law, the Cardiac Arrest Survival Act, provides limited immunity from lawsuits to AED owners and users if the owner has notified local emergency systems of their AED location; provides periodic testing of the device; and provides AED training for some but not all – expected users…even if the AED is used by someone who does not have training. All 50 states have enacted legislation or regulations similar to this law and these state laws also provide immunity to uncompensated rescuers who use an AED in good faith.
