§ 20-13-1305 — Automated external defibrillator use and tort immunity

(a) Any person or entity that in good faith and without compensation renders emergency care or treatment by the use of an automated external defibrillator is immune from civil liability for any personal injury as a result of the care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment if the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances. (b) The immunity from civil liability for any personal injury under subsection (a) of this section includes: (1) A physician or medical facility that is involved with automated external defibrillator placement; (2) Any person or entity that provides cardiopulmonary resuscitation and automated external defibrillator training to the person or entity acquiring an automated external defibrillator; and (3) The person or entity responsible for the location where the automated external defibrillator is located or used. (c) The immunity from civil liability under subsection (a) of this section does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering the emergency care. (d) The requirements of § 20-13-1304 do not apply to any individual using an automated external defibrillator in an emergency setting if that individual is acting as a "Good Samaritan" under the provisions of either § 17-95-101 or § 17-95-106 .

Legislative History

Acts 2005, No. 273, § 1.