Liability

On this page, you will find information, or links to information, with regards to questions of legality and liability in accordance with New York State and Federal law. 
The following is a summary containing relevant portions of the law(s). This material is not intended as legal advice
and may contain inaccurate or incomplete statements.

New York Good Samaritan Act:
    Article 30 of the NYS Public Health Law essentially states:
Any person responding to a life threatening emergency for the purpose of offering aid (The Good Samaritan), to the unconscious, ill or injured victim, are not liable for damages or injuries alleged to have been sustained by such person or for the death of such person alleged to have occurred by reason of an act of omission in the rendering of such emergency treatment...  Provided that the following criteria are met:
The Good Samaritan does not receive monetary compensation for services rendered.
The Good Samaritan does not demonstrate 'gross negligence' while administering aid.

    It also states:
    A person who, or entity, partnership, corporation, firm or society that, purchases or makes available resuscitation equipment that facilitates first aid, as required by law or local law, shall not be liable for damages arising either from the use of that equipment by a person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or medical emergency, or from the use of defectively manufactured equipment.

Click the link to view the NYS Article 30 law in its entirety.

 The Cardiac Arrest Survival Act of 2000
The Act was passed on October 26, 2000 and provides for placement of AEDs in all federal public buildings. It also provides Good Samaritan immunity to apply to those States without such coverage.  It essentially states:

 Persons using AEDs - any person who uses or attempts to use an AED on a victim of a perceived medical emergency is immune from civil liability for any harm resulting from the use or attempted use of the AED, including health care professionals outside the scope of their license or certification.

 AED acquirers - any person who acquired the device is immune from such liability, if the harm was not due to the failure of the acquirer: to notify local emergency response personnel or other appropriate entities of the most recent placement of the device within a reasonable period of time after the device was placed; to properly maintain and test the device; or to provide appropriate training in the use of the device to an employee or agent who used the device.

Preemption - CASA preempts state law only where state statute does not provide protection for a user or acquirer. Thus, all users and acquirers are covered--by state law if state statute provides immunity, or by federal law if no state protection exists. If state law protects only one of the two classes (user and acquirer), federal law will fill the gap.

Click the link to view the Cardiac Arrest Survival Act in its entirety.