Don’t risk losing your Good Samaritan Law protections
SAN FRANSISCO, CA – Good Samaritan laws offer a shield from civil liability. But if you’re not in compliance with these laws, your protections could be lost. Every state in the U.S. has enacted Good Samaritan laws designed to protect bystanders who attempt to render emergency care to victims at the scene of an emergency from civil liability.
Although the wording of these laws may vary, the intent is the same; to encourage citizens to render assistance in an emergency without fear of being sued as a result of their efforts. A number of state Good Samaritan laws have specifically included persons or entities that provide AEDs for emergency use if certain conditions are met. In order to be protected, proper maintenance and testing requirements are included in these laws.
In California, a person or entity that purchases an AED has immunity from civil liability under Civil Code §1797.196 “if that person or entity does all of the following:”
1. The AED be maintained and regularly tested according to manufacturers and state and federal guidelines.
2. The AED be checked for readiness after each use and at least once every 30 days if the AED has not been used in the preceding 30 days. Records of these checks shall be maintained.
3. Any person who uses an AED contacts emergency personnel as soon as possible, and reports any use of the AED to a licensed physician and to the local emergency medical services agency.
4. For every AED unit acquired up to 5 units, no less than 1 employee per AED unit shall complete a training course in CPR and AED use that complies with the standards of the American Heart Association or the American Red Cross.
5. There is a written plan that describes the procedures to be followed in the event of an emergency that may involve the use of an AED.
The code is very specific. Failure to adhere to each of these requirements could result in the loss of the civil immunity protections afforded by the statute.
Annuvia’s Online Oversight service, Arch, offers the most advanced and comprehensive AED program management service in the industry to assure your compliance with California and all other applicable state laws and protect your Good Samaritan standing, and your peace of mind, at an affordable cost – and no paperwork.
Annuvia lets you focus on your business while we focus on maintaining your preparedness.