Sponsors (10)
The bill increases bystander and owner confidence to deploy and use AEDs (likely improving survival) by creating federal liability protections and clearer rules, but it does so at the cost of narrowing victims' legal remedies and potentially shifting accountability and some costs away from negligent parties.
People who suffer out-of-hospital cardiac arrest: the bill's liability protections and clearer legal baseline make it more likely AEDs will be deployed in public places and workplaces, increasing chances of survival.
Bystanders and emergency responders: the bill shields lay rescuers from civil liability for harm resulting from AED use, reducing fear of litigation and encouraging prompt life‑saving intervention.
Owners/operators (businesses, local governments, hospitals): standardized federal immunity and clearer rules reduce cross-state legal risk and make it easier and cheaper to acquire and place AEDs across multiple jurisdictions.
People injured by AED use and victims of negligent AED placement/maintenance: the expansion of federal liability protections and preemption of state rules can reduce victims' ability to recover damages and weaken legal accountability.
Individuals harmed by improper AED maintenance or placement: federal preemption may prevent stronger state-level liability rules and remedies, narrowing protections available to injured parties.
Owners/operators (local governments, hospitals, small businesses): conditioning immunity on meeting manufacturer maintenance standards may impose monitoring and maintenance costs to preserve immunity.
Based on analysis of 3 sections of legislative text.
Creates a national civil-liability immunity standard for AED users, premises owners/managers, and AED owner-acquirers, with conditions and exceptions, and preserves federal employee liability rules.
Introduced February 21, 2025 by Scott Franklin · Last progress February 21, 2025
Creates a national, uniform civil-liability immunity rule for people who use or try to use automated external defibrillators (AEDs), for owners/managers of places where AEDs are stored or used, and for the persons or entities that acquire AEDs. The immunity is subject to conditions (for example, device registration, observing cautionary signage, having training, or being assisted) and to exceptions such as willful or criminal misconduct and, for owner-acquirers, failure to properly maintain the AED per the manufacturer’s guidance. Replaces the existing federal AED-liability provision (42 U.S.C. § 238q) with narrower, clearer categories of protected persons, defines “owner-acquirer,” adds affirmative conditions that support immunity, preserves certain federal employee liability protections, clarifies that it does not create a duty to place AEDs, and includes a preemption rule and construction provisions to guide interaction with state law.