Not legal advice. This guide explains how Good Samaritan law aed protection is generally structured. Confirm current statute text for your state, and consult a licensed attorney for your specific situation.
Quick answer
Every state, plus the District of Columbia, has a Good Samaritan law that protects a bystander who uses an AED in good faith on a cardiac arrest victim.
That good samaritan law aed protection covers ordinary mistakes. It does not cover gross negligence, willful misconduct, or care given for pay.
1. How Good Samaritan Protection Works for AED Use
Good Samaritan laws exist so a bystander does not have to weigh a lawsuit against helping someone in sudden cardiac arrest. Every U.S. state and the District of Columbia has one, though the exact wording differs.
This legal protection covers the use of AED equipment by a trained rescuer and an untrained bystander alike, since the device itself guides most of the decision-making during an emergency.
The protection generally applies when four conditions are met: no pre-existing duty to treat, no compensation for the care, good faith effort, and conduct a reasonably prudent person would take in the same situation.
Consent is built into the framework too. If the victim cannot respond, the law treats that as implied consent to receive emergency care, including AED use.
What "good faith" means: you followed the AED's voice prompts and had someone call 911.
Current CPR certification is not required for the protection to apply.
2. What the Law Actually Protects You From
Good samaritan law aed liability protection shields you from civil liability for ordinary negligence. That covers the realistic risks of an emergency response, including a cracked rib from compressions or a brief delay while following the prompts.
The AED's own rhythm analysis is part of why this risk is low. Most devices will not shock unless they detect a shockable rhythm, so a rescuer mainly controls pad placement and following the prompts.
- Injuries from properly performed CPR or defibrillation attempts
- A shock delivered based on the device's own rhythm analysis
- A brief delay while retrieving or setting up the AED
- Care given without waiting for explicit consent, since consent is implied
3. What the Law Does Not Protect You From
Good Samaritan laws are not a blanket shield. Every state statute carves out an exception for gross negligence, willful or wanton misconduct, or reckless indifference to safety.
Common exclusions: care given for payment, action far outside what a lay rescuer would reasonably attempt, and conduct a court finds reckless rather than merely mistaken.
A licensed health professional acting within paid employment is typically excluded too, since a separate professional-liability standard applies to them.
Successful lawsuits against a good-faith AED rescuer remain rare. The exception exists for extreme conduct, not an honest mistake made while trying to save a life.
4. The Federal Layer: The Cardiac Arrest Survival Act
Alongside state law, a federal statute adds a second layer. The Cardiac Arrest Survival Act, 42 U.S.C. §238q, grants immunity to anyone who uses or attempts to use an AED on a victim of a perceived medical emergency.
It also protects the person or organization that acquired the device. That acquirer immunity is conditioned on notifying local emergency medical services of the AED's placement, maintaining and testing it, and training expected users.
Who this does not cover: a licensed health professional acting within their profession, a healthcare entity's employee acting within employment, and an AED lessor to a healthcare entity.
These groups fall under separate professional-liability rules instead.
Federal and state law aed protections generally work together. A rescuer in most states can point to both the federal statute and their own state's Good Samaritan law.
5. Protection for the Business, Not Just the Rescuer
Good samaritan law aed requirements are not limited to the person who presses the buttons. Most states, and the federal statute above, extend a separate immunity to whoever acquired and maintains the device.
That owner immunity is usually conditioned on the basics: meeting AED maintenance requirements and, in many states, notifying local EMS of its location.
Skipping those training or maintenance steps can narrow the protection, even if the rescuer acted properly. This is why a documented maintenance log matters beyond simple readiness. Our AED program management service keeps that documentation current.
6. How State Laws Differ: Concrete Examples
State laws share the same core structure but differ in wording and which parties they name. Here is how six states we cover handle AED-specific Good Samaritan protection.
| State | Statute | Who it covers |
|---|---|---|
| California | Civil Code §1714.21 | The rescuer, the acquiring program, any physician involved, and the training provider |
| Texas | Civ. Prac. & Rem. Code §74.151; HSC §779.006 | Anyone giving good-faith care, plus the acquiring organization, unless wilfully negligent |
| Florida | F.S. §768.13 and §768.1325 | Anyone giving emergency care without pay, and separately, AED users and acquirers |
| New York | Public Health Law §3000-a | Anyone voluntarily giving emergency care without pay, unless grossly negligent |
| Pennsylvania | 42 Pa.C.S. §8331.2 | Anyone who acquires, maintains, or uses an AED, if training and maintenance duties are met |
| Illinois | 745 ILCS 49/12; 410 ILCS 4 | Any good-faith AED user, plus users, owners, and physicians under the AED Act |
Two states outside our current coverage show the same pattern. Indiana Code §34-30-13 protects a good-faith AED user and, with training met, the providing organization.
Kentucky Revised Statutes §311.667 to §311.669 protect a user or entity providing uncompensated care through an AED, acting as a reasonably prudent person would.
Full state law details, including registration and workplace rules beyond Good Samaritan protection, are in our guides to California AED laws, Texas AED laws, Florida AED laws, New York AED laws, Pennsylvania AED laws, and Illinois AED laws.
7. The Exception: States That Require Bystanders to Act
Good Samaritan laws protect a bystander who chooses to help, but do not usually require anyone to step in. Three states differ: Minnesota, Rhode Island, and Vermont each impose some duty to give reasonable assistance.
These duty-to-assist laws address whether you must help, not what happens if you do. Outside these three states, using an AED stays voluntary, and Good Samaritan protection applies once you choose to act.
8. A Practical Checklist Before and After You Use an AED
- Call or have someone call 911 as soon as you recognize a possible cardiac arrest.
- Follow the AED's voice prompts. The device's own rhythm analysis determines whether a shock is delivered.
- Stay within your training unless the AED itself is directing the action.
- Tell responding EMS what you did, including shocks delivered, to support your good-faith record.
- If you own the device, confirm your maintenance log and EMS notification are current.
9. Frequently Asked Questions
Are you liable if you use an AED?
Generally no, if you acted in good faith as a reasonably prudent person would. State law and the federal Cardiac Arrest Survival Act protect a lay rescuer from liability for ordinary mistakes made while helping.
Does the Good Samaritan law cover AED use?
Yes. All 50 states and DC have a Good Samaritan law, and courts treat AED use the same as other good-faith care. California, Texas, Florida, and Illinois also have AED-specific provisions.
Can you be sued for using an AED incorrectly?
You can be sued, since Good Samaritan laws limit liability rather than block a lawsuit from being filed. Successful claims stay rare, since the immunity excludes only gross negligence or willful misconduct.
Is AED training required for Good Samaritan protection?
No, in most states, for the rescuer's own immunity. A few states condition the separate owner immunity on training requirements for expected users instead.
What states have AED Good Samaritan laws?
All 50 states and DC do. Wording differs, as shown in California Civil Code 1714.21, Texas Civil Practice and Remedies Code 74.151, Florida Statutes 768.13, New York Public Health Law 3000-a, 42 Pa.C.S. 8331.2, and Illinois's 745 ILCS 49/12.
Does the law protect the business that owns the AED, not just the user?
Yes, in most states and under federal law. That owner immunity is usually conditioned on maintaining the device and notifying local EMS of its location.
Related Resources
Sources: 42 U.S.C. §238q (Cardiac Arrest Survival Act); NCBI StatPearls, "Good Samaritan Law" (Bookshelf ID NBK542176); Cal. Civil Code §1714.21; Tex. Civ. Prac. & Rem. Code §74.151; Tex. Health & Safety Code §779.006.
Also: Fla. Stat. §768.13, §768.1325; N.Y. Public Health Law §3000-a; 42 Pa.C.S. §8331.2; 745 ILCS 49/12; 410 ILCS 4; Ind. Code §34-30-13; Ky. Rev. Stat. §311.667 to §311.669.
