the Legalese on the AED in New Hampshire


So this weekend I've embarked on a research project. During classes there are always questions about liability and Good Samaritan Laws. So after a little digging in the New Hampshire Revised Statutes Annotated I thought I'd share a new AED law every few days. So today's post is on (drum roll please) .....

CHAPTER 153-A
EMERGENCY MEDICAL AND TRAUMA SERVICES
Automated External Defibrillator

Section 153-A:31
153-A:31 Liability Limited. – Any person who, in good faith and without compensation, renders emergency care by the use of an automated external defibrillator shall not be liable for civil damages for any acts or omissions unless the acts or omissions were grossly negligent or willful and wanton. Any person, association, corporation or other organization that acquires and maintains an automated external defibrillator for emergency care shall not be liable for civil damages other than for gross negligence or willful and wanton acts or omissions. This section shall not limit civil liability protection provided by any other law.

Source. 2000, 302:4, eff. June 21, 2000. 2002, 156:5, eff. July 14, 2002.

So what does this mean? It means you can't be held liable for using an AED as long as you follow the directions and/or voice prompts on the machine. You cannot be held liable if your business or organization has AED's on location.

However you ARE liable if you have an AED and you don't use it when someone is in Cardiac Arrest. Or if you bought an AED for your business, but never had it checked regularly and when it was needed the batteries were dead, or the pads were expired.

There are a lot more laws on AED's. The gist on this one is please don't be afraid to use an AED when someone collapses and is not breathing. There is more legal risk to you if you don't use an AED when one is available.

Comments

Post a Comment

Popular posts from this blog

Customer service

A few weeks ago I was told in an email that I didn't know the difference between customer service provided by a service provider and customer service provided by a store clerk.  It wasn't suggested in a nice manner so it's something I've been mulling off and on for a few weeks.  I knew I would blog about it, but wanted to make sure I wasn't reacting to the tone of the email. I guess for me there really isn't a difference. As a service provider (my courses) I do my best to meet the needs of my clients.  I can't tell you how good it makes me feel to receive positive reviews on the evaluation forms I use at the end of my classes.  I also greatly appreciate anyone who provides a good service for me.  It doesn't matter to me if you are a clerk in a store, the person bagging my groceries, the customer service associate on the phone or someone I've hired to perform a job or task.  I'm quick to thank them for a good job.  If I get one of those stor...
Read more

Quotes

Every morning I post a quote on Facebook.  Occasionally I'll post a second, but usually just the one. A while back someone asked me why I do it.  That was all they would see from me for an entire day sometimes.  They told me they're on Facebook to see what we're all up to and the quote didn't tell them much about me. A few others have liked, loved, and/or commented on the quotes.  Apparently they enjoy them. I read a quote every morning and I share it.  They are random, not on any specific topic or theme.  As I read and post them I spend a few minutes thinking about them and how they impact me or what is going on with or around me.  It's like a thoughtful meditation that helps me to mentally set up the day ahead of me. I hope you enjoy them as much as I do.
Read more

Summer work

Image
The past 3 years I've worked at summer camps.  I'd volunteered for 3-4 years before that at Cub Scout Day Camp for a week - it's only 1 week.  But the past 3 years I was paid staff at Camp Seawood. I enjoy working at camp.  I'm outside all day without a cell phone.  It's almost Nirvana - almost because I'm surrounded by kids.  But for the most part they're all awesome. This summer I decided to not work at camp.  I did end up volunteering at Cub Scout day camp the  last week in  June.  This is Micaela's last summer before going to NHIA.  I wanted to have time to do fun things with my kids. But I usually teach fewer classes in the summer because fewer people sign up.  It's hot, people are on vacation, it's normally a slower time of the year.  I still need bring in some income to pay for the summer adventures. I was fortunate to be able to book enough private on-site classes that covered the income I would have made at sum...
Read more