Good Samaritan Laws & AED Liability: Can You Be Sued for Using an AED?
The short answer: No—if you use an AED in good faith to help someone you reasonably believe is in cardiac arrest, you are protected. All 50 states and the District of Columbia have Good Samaritan laws that shield lay rescuers from civil liability for using an AED in an emergency. In fact, the greater legal risk usually falls on organizations that fail to act or fail to maintain a required device.
This article is general education, not legal advice. Protections vary by state and situation—consult counsel for your specific circumstances.
What Good Samaritan laws actually protect
These laws exist to remove hesitation. The fear of being sued shouldn't stop a bystander from grabbing an AED—so every state extends civil-liability protection to people who use one in good faith during a perceived emergency. In most states, that protection also reaches the people and organizations around the rescue: the entity that acquired and placed the device, property owners, trainers, and the physician or medical director providing oversight.
What they don't protect
Immunity is broad but not unlimited. Across the country, two boundaries are nearly universal:
- Good faith is required. Protection covers a reasonable, well-intentioned rescue attempt—not reckless behavior.
- Gross negligence and willful misconduct are excluded. Deliberately harmful or grossly careless conduct falls outside the shield.
Some states also limit who is covered, or attach conditions—covered next.
Conditional immunity: where compliance matters
In a number of states, Good Samaritan protection for an organization is conditional—it depends on meeting the state's AED program requirements. New Jersey and Maryland are frequently cited as having the most prescriptive frameworks. In these conditional-immunity states, common conditions include:
- Registering each AED with local EMS
- Maintaining the device per manufacturer guidelines, with current pads and battery
- Ensuring expected responders are trained in CPR/AED
- Providing physician or medical-director oversight where required
- Calling 911 and notifying EMS after a use
Miss these, and an organization can lose the protection it would otherwise have—and may face fines. A written program and inspection log are often what preserve immunity. Confirm your state's specifics in our AED laws by state guide.
The bigger risk: not having an AED at all
Many organizations hesitate to buy an AED out of a misplaced fear of liability. The legal reality is usually the opposite. Good Samaritan laws strongly protect good-faith use, while a facility that was required to have an AED—or that ignored a foreseeable risk—can face negligence claims if a cardiac emergency goes unanswered. Legal commentators note that a facility without an AED may be more exposed than one that had a device and tried to help. Obligations differ by setting; see AED requirements for businesses and AED requirements for schools.
How to keep your protection intact
- Acquire the right device and place it where it's reachable within about three minutes.
- Register it with local EMS where required.
- Train your responders and keep certifications current.
- Maintain readiness—documented checks and on-time pad and battery replacement (maintenance checklist).
- Document everything in a written AED program.
New to this? Start with how to set up an AED program, then choose a unit from our New AEDs collection.
Frequently asked questions
Can I be sued for using an AED on someone?
In practice, no, when you act in good faith. All 50 states protect lay rescuers who use an AED during a perceived emergency. Protection does not extend to gross negligence or willful misconduct.
Are businesses and schools protected, or only the rescuer?
Many states extend protection to the organization that owns and places the AED, its trainers, and medical oversight. In conditional-immunity states, that protection depends on meeting registration, training, and maintenance requirements.
Do I have to be CPR/AED certified to be protected?
Most states protect untrained lay rescuers acting in good faith, though a few condition immunity on training. Training is always recommended and may be required for your organization's program.
