(a)For purposes of this section, the following definitions shall apply:
(1)“AED” or “defibrillator” means an automated external defibrillator.
(2)“CPR” means cardiopulmonary resuscitation.
(b)Any person who,
in good faith and not for compensation, renders emergency care or treatment by the use of an AED at the scene of an emergency is not liable for any civil damages resulting from any acts or omissions in rendering the emergency care.
(c)A person or entity who provides CPR and AED training to a person who renders emergency care pursuant to subdivision (b) is not liable for any civil damages resulting from any acts or omissions of the person rendering the emergency care.
(d)(1)A person or entity that acquires an AED for emergency use pursuant to this section is not liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED if that person or entity has complied with subdivision (b) of Section 1797.196 of the Health and Safety Code.
(2)A physician and surgeon or other health care professional that is involved in the selection, placement, or installation of an AED pursuant to Section 1797.196 of the Health and Safety Code is not liable for civil damages resulting from acts or omissions in the rendering of emergency care by use of that AED.
(e)The protections specified in this section do not apply in the case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment by the use of an AED.
(f)This section does not relieve a manufacturer, designer, developer, distributor, installer, or supplier of an AED or defibrillator of any liability under any applicable statute or rule of law.
Notes of Decisions
Verdugo v. Target Corp., 327 P.3d 774 (Cal. 2014).
· cites it 23× “General California AED statutes — Civil Code section 1714.21 and Health and Safety Code section 1797.”
Jabo v. Ymca of San Diego Cnty., 238 Cal. Rptr. 3d 588 (Cal. Ct. App. 2018).
· cites it 5× “2 We are required to consider whether additional statutory or common law duties were owed by Respondent to ensure that its trained staff members utilize and apply AEDs under circumstances in which an adult is having an on-site *593 medical emergency that appears to be sudden…”
Rosemary Verdugo v. Target Corp., 704 F.3d 1044 (9th Cir. 2012).
· cites it 5× “196 (West 2012); Cal. Civ. Code § 1714.21 (d) (West 2012) (providing immunity from civil liability for those who acquire AEDs as long as they comply with specified maintenance, testing, and notice requirements).”
Verdugo v. Target Corp., 770 F.3d 1203 (9th Cir. 2014).
· cites it 11× “General California AED statutes — Civil Code section 1714.21 and Health and Safety Code section 1797.”
Jabo v. YMCA of San Diego Co., No. D072613 (Cal. Ct. App. Sept. 28, 2018).
· cites it 4× “196; Civ. Code, § 1714.21.) The gross negligence allegations were likewise not found to be substantiated, for lack of a showing of existing malice or conscious disregard of the rights of others.”
Cal. Civil Code § 1714.21(b): 1 case
Rosemary Verdugo v. Target Corp., 704 F.3d 1044 (9th Cir. 2012).
“196 (West 2012); Cal. Civ. Code § 1714.21 (d) (West 2012) (providing immunity from civil liability for those who acquire AEDs as long as they comply with specified maintenance, testing, and notice requirements).”
Cal. Civil Code § 1714.21(d): 1 case
Rosemary Verdugo v. Target Corp., 704 F.3d 1044 (9th Cir. 2012).
“196 (West 2012); Cal. Civ. Code § 1714.21 (d) (West 2012) (providing immunity from civil liability for those who acquire AEDs as long as they comply with specified maintenance, testing, and notice requirements).”
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