Hoosiers are know for their hospitality and willingness to help especially in an emergency. But many times fear of liability can be a concern when using and/or purchasing an AED for use. This applies individually who uses and AED as well as the organization or business who may want to purchase or make one available. Having a good understanding of what the law is can often quell those concerns. Below are some of the legislation for the state of Indiana that specifically protects users and owners of AED’s.
House Bill 1106 (2006)
A person or entity acquiring an AED must:
- Ensure the AED is maintained and tested according to the manufacturer’s guidelines.
- A person who gratuitously renders emergency care involving the use of an AED is immune from liability for any act or omission not amounting to gross negligence or willful or wanton misconduct.
An individual, business, or organization that allows a person who is an expected user to use an AED of the individual, business, or organization to in good faith gratuitously render emergency care is immune from civil liability for any damages resulting from an act or omission not amounting to gross negligence or willful or wanton misconduct by the user or for acquiring or providing the AED to the user for the purpose of rendering the emergency care.
A licensed physician who gives medical direction in the use of an AED or a national or state approved AED instructor of a person who gratuitously renders emergency care involving the use of an AED is immune from civil liability for any act or omission of the licensed physician or instructor if it:
1. Involves the training for or use of an automatic external defibrillator; and 2. Does not amount to gross negligence or willful or wanton misconduct.
Removes the use of an AED from the definition of basic life support.
House Bill 1116 (2007) Requires an individual to have training in CPR, removing obstructions to a person’s airway, and the Heimlich maneuver before obtaining an initial license as a teacher.
Establishes immunity from liability for certain acts or omissions by a teacher who has been trained in CPR, removing obstructions, and the Heimlich maneuver.
