{"AED":"Automated External Defibrillator"}
Emergency Law Inventory | Full Law Text

Law Number

ORS 30.802

Summary Title

Liability: Use of an AED

Summary

An individual who uses, attempts to use, does not use an AED, or who provides training regarding the use of an AED will not be held legally responsible for any injury, death, or damage that results. They can be held legally responsible if acting with extreme carelessness, intent to cause harm, or if they attempted to use the AED or did not use the AED at a location where emergency medical care is regularly available.

Full Title

Liability for use of automated external defibrillator

Full Text

(1) As used in this section: (a) “Automated external defibrillator” means an automated external defibrillator approved for sale by the federal Food and Drug Administration. (b) “Public setting” means a location that is: (A) Accessible to members of the general public, employees, visitors and guests, but that is not a private residence; (B) A public school facility as defined in ORS 327.365; (C) A health club as defined in ORS 431.680; or (D) A place of public assembly as defined in ORS 431.690. (2) A person may not bring a cause of action against another person for damages for injury, death or loss that result from acts or omissions involving the use, attempted use or nonuse of an automated external defibrillator when the other person: (a) Used or attempted to use an automated external defibrillator; (b) Was present when an automated external defibrillator was used or should have been used; (c) Provided training in the use of an automated external defibrillator; (d) Is a physician, physician assistant licensed under ORS 677.505 to 677.525 or nurse practitioner licensed under ORS 678.375 to 678.390 and provided services related to the placement or use of an automated external defibrillator; or (e) Possesses or controls one or more automated external defibrillators placed in a public setting. (3) The immunity provided by this section does not apply if: (a) The person against whom the action is brought acted with gross negligence or with reckless, wanton or intentional misconduct; or (b) The use, attempted use or nonuse of an automated external defibrillator occurred at a location where emergency medical care is regularly available. (4) Nothing in this section affects the liability of a manufacturer, designer, developer, distributor or supplier of an automated external defibrillator, or an accessory for an automated external defibrillator, under the provisions of ORS 30.900 to 30.920 or any other applicable state or federal law.