Not legal or insurance advice. This guide explains how aed liability generally works for organizations. Confirm current statute text with a licensed attorney, and confirm coverage specifics with your insurance broker or carrier.
Quick answer
Most aed liability laws protect good-faith rescuers and, with conditions met, the organization that owns the device. Courts have generally declined to punish businesses for having an AED.
The real exposure comes from skipping maintenance, training, or state notification duties, not from owning an AED in the first place.
1. Does the Good Samaritan Law Protect AED Users?
Yes, in every state and the District of Columbia. A lay rescuer who uses an AED in good faith is protected from civil liability for ordinary mistakes made while trying to help.
That protection typically excludes only gross negligence, willful misconduct, or care given for pay. Our Good Samaritan laws and AED use guide covers the federal and state framework in full.
2. Can You Be Sued for Using an AED?
You can be sued, since Good Samaritan protection limits liability rather than blocking a lawsuit from being filed. Successful claims against a good-faith rescuer remain rare.
The exception that survives Good Samaritan immunity in every state is gross negligence or willful misconduct, not an honest mistake made while following the device's prompts.
3. What Happens If an AED Fails During Use?
Liability generally follows the cause of the failure, not the fact that it happened. A rescuer who followed the device's prompts is typically still covered by Good Samaritan immunity even if the outcome was poor.
A manufacturing defect points toward the manufacturer under ordinary product liability principles. Neglected maintenance, an expired battery, or worn pads points toward the organization that owned and maintained the device instead.
Why this distinction matters for your program: most state and federal immunity for the AED acquirer is conditioned on maintaining the device per the manufacturer's instructions.
A device that fails because of neglected upkeep can strip away the very protection your organization was counting on.
4. Are Businesses Required to Have an AED?
Rarely, and only where a specific state statute or an OSHA-adjacent duty applies. There is no general federal requirement, as our OSHA AED requirements guide explains in detail.
That absence of a federal mandate is a major part of aed liability for businesses trying to understand their exposure. The duty, if one exists at all, comes from your specific state.
Courts have repeatedly declined to create a duty on their own. In Atcovitz v. Gulph Mills Tennis Club, Inc., the Pennsylvania Supreme Court held that a tennis club owed no legal duty to acquire and maintain an AED.
No statute or regulation required one at the time, and the state's emergency medical services framework did not imply such a duty for lay bystanders.
Case example
Goldin v. Bally Total Fitness Corp. reached the same conclusion for a national gym chain. A member's estate argued that operating locations nationwide, some with AEDs, created a duty to provide one everywhere.
The court held that a fitness club owes no legal duty to acquire, maintain, or use an AED absent a specific statute requiring it, following Atcovitz as binding precedent.
Both cases predate the specific AED statutes many states, including Pennsylvania, have since enacted. Where your state does impose a duty, our national AED compliance guide and individual state pages cover exactly what applies.
5. How Does "Failure to Act" Affect Your Liability?
"Failure to act" and "failure to maintain" are legally different problems, and the case law above shows why the distinction matters.
Not having an AED at all, absent a specific statute requiring one, has generally not created liability on its own.
Having an AED and then neglecting it is a different question, since it can convert a voluntary safety program into a negligence claim if the device fails because of that neglect.
In practice, this means a documented maintenance program does more than satisfy a state statute. It is also the difference between a device failure being treated as bad luck versus being treated as your organization's own negligence.
6. Will Your Company Be Liable If an Employee Uses the AED Incorrectly?
Rarely, if the employee acted in good faith. Good Samaritan protection generally covers the employee directly, and most states extend a separate immunity to the employer as the device's acquirer.
That employer-level protection is conditioned on the same basics covered throughout this guide: maintaining the device, notifying EMS where required, and training designated users where your state requires it.
An employer that skipped those steps faces more exposure than one that documented them.
7. Does Good Samaritan Protection Apply to Your Specific State and Business Type?
Generally yes, but the details differ by state and, in a few states, by business type. Health clubs, schools, and dental offices carry additional duties in several states beyond the baseline Good Samaritan protection.
See our guides to California AED laws, Texas AED laws, Florida AED laws, New York AED laws, Pennsylvania AED laws, and Illinois AED laws for state-specific rules.
8. Is a Medical Doctor's Oversight Required to Mitigate Legal Risk?
Every AED sold in the U.S. requires an FDA prescription, which is typically included at no charge when you buy one. That is separate from ongoing medical direction, which is not universally required.
A small number of states have historically required an ongoing physician relationship for certain AED programs, though the trend has moved away from this.
New York, for example, removed its collaborative-agreement physician requirement as part of its 2026 statutory rewrite, as covered on our New York AED laws page.
Most states, including California, Texas, Florida, Pennsylvania, and Illinois, do not require ongoing physician sign-off for a typical business AED program. Confirm your specific state's current requirement before assuming either way.
9. What Documentation Proves You Maintained the AED Properly?
A defensible AED program keeps the same four records regardless of state.
- A dated maintenance and inspection log matching the manufacturer's recommended schedule
- Battery and pad replacement dates, kept before expiration, not after
- EMS notification or state registration confirmation, where your state requires it
- Training records for designated responders, including certification dates and renewal dates
Our AED program management service is built specifically to keep these four records current across every location.
10. Do You Need a Separate AED Liability Insurance Rider?
Usually not, but confirm it with your own carrier. Most standard commercial general liability policies already cover incidents involving AEDs as part of ordinary premises liability, without a dedicated add-on.
When a rider makes sense: an organization running a larger, medically supervised AED program, or one in a higher-risk setting like a large event venue, may want to ask about it.
Your broker can tell you specifically how your policy treats AED-related claims and whether an endorsement would close any gap.
Manufacturer indemnification programs, where offered, typically exclude coverage if the device was not maintained according to the manufacturer's own instructions. That is one more reason documentation matters beyond the state's own requirements.
11. AED Liability in California: A Closer Look
California illustrates how far one state's aed liability laws can extend beyond the federal baseline. Civil Code Section 1714.21 protects the rescuer, the acquiring program, any physician involved, and the training provider.
That protection is conditioned on Health and Safety Code Section 1797.196, which requires notifying local EMS, maintaining and testing the device per manufacturer guidelines, and inspecting it every 90 days.
The statute also requires testing at least twice a year and after every use.
Building owners carry two additional annual duties: notifying tenants of the AED's location and offering at least one hands-on demonstration to building personnel each year. Full detail is in our California AED laws guide.
12. A Practical Liability Risk Checklist
- Confirm your state's specific AED statute, since duties and immunity conditions vary widely.
- Keep maintenance current according to the manufacturer's schedule, not just your state's minimum.
- Document every step: maintenance, registration, training, and any use.
- Train designated responders and track certification renewal dates.
- Ask your insurance broker how your current policy treats an AED-related claim.
13. Frequently Asked Questions
Can you be sued for using an AED?
You can be sued, since Good Samaritan laws limit liability rather than prevent a lawsuit from being filed. Successful claims against a good-faith rescuer remain rare.
Does the Good Samaritan Law protect AED users?
Yes, in every state and the District of Columbia, for a rescuer acting in good faith. Protection typically excludes only gross negligence or willful misconduct.
What happens if an AED fails during use?
Liability generally follows the cause. A manufacturing defect points toward the manufacturer, while a failure from neglected maintenance points toward the organization that owned the device.
Are businesses required to have an AED?
Rarely, absent a specific state statute. Courts, including Pennsylvania's Supreme Court in Atcovitz v. Gulph Mills Tennis Club, have generally declined to impose an AED-acquisition duty without one.
What are the legal risks of owning an AED?
Owning an AED itself carries low legal risk. The real exposure comes from neglecting maintenance, skipping state notification duties, or failing to train designated users where required.
Will our company be held liable if an employee uses the AED incorrectly?
Rarely, if the employee acted in good faith. Good Samaritan protection typically covers the employee, and a separate employer immunity usually applies if your program is properly maintained and documented.
Does the Good Samaritan Law apply to our specific state and business type?
Generally yes, though the exact conditions differ by state, and health clubs, schools, and dental offices carry extra duties in several states. Check your specific state's AED statute for conditions.
Are we more legally at risk for having an AED that fails or for not having one at all?
Historically, courts have found less exposure in not having one absent a specific statute than in having one and neglecting it. A documented maintenance program is what keeps that second risk low.
What specific documentation do we need to prove we maintained the AED properly?
A dated maintenance and inspection log, battery and pad replacement records, EMS notification or registration confirmation, and training records for designated responders.
Do we need a separate insurance rider for AED liability?
Usually not. Most standard commercial general liability policies already cover AED-related incidents as part of premises liability, though it is worth confirming with your own broker.
How does "failure to act" impact our liability as a business?
Not having an AED at all has generally not created liability absent a specific statute requiring one. Having an AED and neglecting its maintenance is the scenario that tends to create real exposure.
Is a medical doctor's oversight required to mitigate legal risk?
Every AED requires an FDA prescription, but ongoing physician oversight is not universally required. Most states, including California, Texas, Florida, Pennsylvania, and Illinois, do not require it for a typical business program.
Related Resources
Sources: Atcovitz v. Gulph Mills Tennis Club, Inc., 571 Pa. 580, 812 A.2d 1218 (2002); Goldin v. Bally Total Fitness Corp.; 42 U.S.C. §238q; Cal. Civil Code §1714.21; Cal. Health & Safety Code §1797.196.
Also: state AED statutes cited in full on our national AED compliance guide and individual state pages.
