Emergency Law Inventory | Full Law Text

Law Number

W. Va. Code 16-4D-4

Summary Title

Liability: Use of AED


An individual who, in good faith and without compensation, provides emergency medical care using an AED will not be held legally responsible They can be held legally responsible if acting with extreme carelessness. The individual must notify emergency medical service and must have previously received training.

Full Title

Limitation on liability

Full Text

A person is not liable for civil damages as a result of any act or omission in rendering emergency medical care or treatment involving the use of an AED if the care or treatment does not amount to gross negligence and the following conditions are met: (1) The person, entity, certified trainer or medical director of the early defibrillation program is in compliance with the provisions of section three of this article; and (2) The person is an anticipated operator of an AED who gratuitously and in good faith rendered emergency medical care, pursuant to the requirements of section three [§ 16-4D-3] of this article, other than in the ordinary course of the person's employment or profession as a health care provider, as defined in section two [§ 16-2D-2], article two-d of this chapter; or (3) The person is an unanticipated operator who gratuitously and in good faith rendered emergency medical care.