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

Law Number

19 V.I.C. 217

Summary Title

Liability: Use of AED

Summary

An individual who, in good faith, provides emergency medical care by using or attempting to use an AED will not be held legally responsible. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. This section only applies if the individual is not acting within the scope of their employment while providing the emergency care.

Full Title

Immunity from civil liability

Full Text

(a) Except as provided in subsection (b), any person who uses or attempts to use an automated external defibrillator device in good faith and in a reasonably prudent manner, on a victim of a perceived medical emergency is immune from civil liability for any harm resulting from the use or attempted use of such device, and in addition, any person who acquired the device is immune from such liability. (b) Immunity under this section does not apply to a person if (1) the harm involved was caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the victim who was harmed; (2) the person is a licensed or certified health professional who used the automated external defibrillator device while acting within the scope of the license or certification of the professional and within the scope of the employment or agency of the professional; (3) the person is a hospital, clinic, or other entity whose purpose is providing health care directly to the patients, and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent; or (4) the person is an acquirer of the device to a health care entity, or who otherwise provided the device to such entity for the compensation without selling the device to the entity, and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent.

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