Automated external defibrillators (“AED”) are portable medical equipment that deliver an electrical impulse to the heart to disrupt and hopefully correct an otherwise fatal irregular heart beat. AEDs are designed for easy use and are credited with saving countless lives. The “Cardiac Arrest Survival Act” is codified in s. 768.1325, Florida Statutes. It answers many serious questions regarding the liability associated with ownership of these little life-saving gems.
Simply put, the laws governing AEDs were designed to encourage consumer purchase, placement and use of AEDs by shielding the AED’s owner and operator from liability, so long as the most minimum of requirements are followed. The rules are simple… here we go….
RULE 1: Any person who uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency, without objection of the victim of the perceived medical emergency, is immune from civil liability for any harm resulting from the use or attempted use of such device (with a couple of exceptions, explained below.)
RULE 2: Notwithstanding any other provision of law to the contrary, (and with little exception as discussed below), any person who acquires the device and makes it available for use, including, but not limited to, a community association organized under chapter 617, chapter 718, chapter 719, chapter 720, chapter 721, or chapter 723, is immune from such liability, if the harm was not:
a) due to the failure of such person to properly maintain and test the device; OR
b) due to the failure of providing appropriate training in the use of the device to an employee or agent of the acquirer when the employee or agent was the person who used the device on the victim, except that such requirement of training does not apply if:
1. The device is equipped with audible, visual, or written instructions on its use, including any such visual or written instructions posted on or adjacent to the device; OR
2. The employee or agent was not an employee or agent who would have been reasonably expected to use the device; OR
3. The period of time elapsing between the engagement of the person as an employee or agent and the occurrence of the harm, or between the acquisition of the device and the occurrence of the harm in any case in which the device was acquired after engagement of the employee or agent, was not a reasonably sufficient period in which to provide the training.
RULE 3: The immunity described above does not apply to a person if:
(a) the harm involved was caused by that person’s willful or criminal misconduct, gross negligence, reckless disregard or misconduct, or a conscious, flagrant indifference to the rights or safety of the victim who was harmed; OR
(b) 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;
Additionally, there is no requirement to place the AED at any particular location, and there is no requirement to have an employee trained to operate the AED on the premises.
A strict and literal interpretation of these laws means that when an association installs the AED and includes the “how to” instructions with the device and properly maintains and tests the device, the association should be immune from liability. Notably, an insurer cannot exclude damages resulting from the use of an AED from coverage under a general liability policy issued to the community association. Nevertheless, it is still a good idea to discuss the decision to purchase an AED with the association’s insurance agent. The association could consider offering classes taught by the requisite professional in the use of the AED, too.
With all of this information in mind, if the association acquires an AED, let folks know where it is kept. If the AED is going to be brought from location to location, say from the clubhouse to the golf course during a golf event, then there should be clear policies governing such activities so that everyone can easily find the AED, if needed. For example, if the AED is taken from its usual location for better proximity to a special event, then a brightly colored notice could be left in the AED’s regular location to let others know where to find it. Finally, common sense dictates that at least one person should be trained in its use, and responsible for the AED’s maintenance and testing schedule.
Save a life!