Immunity for Operators of External Defibrillators

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  2. Georgia Code
  3. Torts
  4. General Provisions
  5. Immunity for Operators of External Defibrillators

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  1. The persons described in this Code section shall be immune from civil liability for any act or omission to act related to the provision of emergency care or treatment by the use of or provision of an automated external defibrillator, as described in Code Sections 31-11-53.1 and 31-11-53.2, except that such immunity shall not apply to an act of willful or wanton misconduct and shall not apply to a person acting within the scope of a licensed profession if such person acts with gross negligence. The immunity provided for in this Code section shall extend to:
    1. Any person who gratuitously and in good faith renders emergency care or treatment by the use of or provision of an automated external defibrillator without objection of the person to whom care or treatment is rendered;
    2. The owner or operator of any premises or conveyance who installs or provides automated external defibrillator equipment in or on such premises or conveyance;
    3. Any physician or other medical professional who authorizes, directs, or supervises the installation or provision of automated external defibrillator equipment in or on any premises or conveyance other than any medical facility as defined in paragraph (5) of Code Section 31-7-1; and
    4. Any person who provides training in the use of automated external defibrillator equipment as required by subparagraph (b)(1)(A) of Code Section 31-11-53.2, whether compensated or not. This Code section is not applicable to any training or instructions provided by the manufacturer of the automated external defibrillator or to any claim for failure to warn on the part of the manufacturer.
  2. Nothing in this Code section shall be construed so as to provide immunity to the manufacturer of any automated external defibrillator or off-premises automated external defibrillator maintenance or service providers, nor shall it relieve the manufacturer from any claim for product liability or failure to warn.

(Code 1981, §51-1-29.3, enacted by Ga. L. 2001, p. 776, § 2; Ga. L. 2002, p. 415, § 51; Ga. L. 2008, p. 12, § 2-37/SB 433.)

Cross references.

- Automated external defibrillator required in schools, § 20-2-775.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2001, the subsection designations were added.

Law reviews.

- For note on the 2001 enactment of this Code section, see 18 Ga. St. U.L. Rev. 146 (2001).

RESEARCH REFERENCES

ALR.

- Liability arising out of availability or use of automated external defibrillator or other defibrillator device, 2 A.L.R.7th 5.


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