This bill encourages the deployment and use of automated external defibrillators (AEDs) by providing nationwide legal protections from civil liability for those who use them in emergencies, own them, or manage properties where they are used.
C. Franklin
Representative
FL-18
The Cardiac Arrest Survival Act of 2025 aims to establish a national standard of legal protection from civil liability for individuals using automated external defibrillators (AEDs) in emergencies, as well as for AED owners and property managers where AEDs are used. This bill amends the Public Health Service Act to encourage broader AED deployment by providing Good Samaritan protections for those who use or attempt to use an AED, premises owner/lessee/manager protections, and device owner-acquirer protections, with certain exceptions for misconduct or failure to maintain the device. The Act seeks to preempt inconsistent state laws and clarify that it does not mandate AED placement or create new causes of action. By creating consistent, nationwide legal protection, this bill intends to save lives from cardiac arrest.
Cardiac Arrest Survival Act of 2025: New Federal Law Shields Good Samaritans and AED Owners from Lawsuits
The Cardiac Arrest Survival Act of 2025 is a game-changer for anyone who's ever hesitated to use an automated external defibrillator (AED) in an emergency. This new federal law, effective immediately, essentially says, "Go ahead, try to save a life – we've got your back."
No More Lawsuit Fear
The core of the bill is simple: it provides nationwide protection from civil lawsuits for people who use AEDs during a perceived medical emergency, and for the folks who own or manage the places where those AEDs are located. Think of it as a major upgrade to existing Good Samaritan laws, but specifically for AED use. This applies whether you're trained or not, and whether there's a sign nearby or not (SEC. 3).
Who's Covered?
- The Bystander Hero: If you see someone collapse and you use (or even try to use) an AED, you're generally protected from liability. This means you can act without worrying about being sued if something goes wrong.
- The Business/Property Owner: If you have an AED on your property (store, gym, office, etc.), you're also shielded from liability as long the harm wasn't caused by your failure to maintain the device (SEC. 3). This should encourage more businesses to install these life-saving devices.
- The AED Owner: If you own the AED, you are protected from civil liablity unless harm was due to your failure to maintain the device according to the manufacturer's guidelines. (SEC. 3).
Real-World Example: Imagine a shopper collapses in a grocery store. A fellow customer grabs the store's AED and tries to help. Under this new law, both the customer and the store owner are protected from lawsuits, as long as they acted reasonably and weren't grossly negligent. Previously, the patchwork of state laws might have left them exposed.
The Fine Print (But Not Too Fine)
Of course, there are exceptions. This protection doesn't apply if someone acts with "willful or criminal misconduct, gross negligence, reckless misconduct, or conscious indifference" (SEC. 3). Basically, you can't intentionally harm someone and then claim immunity. Also, healthcare professionals using an AED in their professional capacity aren't covered by this specific law (they have other protections). And, this law doesn't force anyone to put an AED in their building – it just removes a major barrier to doing so.
Bottom Line
The Cardiac Arrest Survival Act of 2025 is all about removing the fear of legal repercussions so more people will be willing to step up and use AEDs. By standardizing protection across the country, it aims to make these life-saving devices more accessible and ultimately, save more lives. The law preempts any state laws that offer less protection, creating a consistent national standard (SEC. 3).