CA bill lessens liability for defibrillator use in emergency situations

September 18, 2002—A recent California Assembly bill amends the existing liability law that gives any individual immunity from civil liability who has completed a basic cardiopulmonary resuscitation (CPR) or automatic external defibrillator (AED) course, and who helps at the scene of an emergency by using an AED, without expecting compensation.

If signed by Governor Davis, AB 2041 would remove the requirement that a person complete a CPR or AED course. The bill would also provide immunity to a person or entity that acquires an AED for emergency use and gives emergency care, if that person or entity is in compliance with specified requirements, such as employee training in CPR and AED use, and following particular emergency safety procedures.

The measure requires AED suppliers to notify the local EMS authority of the existence, location, and type of AED acquired, and to provide to the acquirer information about the use and maintenance of the AED.

The legislation also clearly states that nothing in the law “shall be construed to require a building owner or a building manager to acquire and have installed an AED in any building.”
     Based on a report from BOMA International

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