Automated External Defibrillator Devices (AEDs) In Florida Condominiums
Florida Condo & HOA Legal Blog
By Joseph Adams
01 May 2017
Question:
My condominium association is considering purchasing an “AED” for our
clubhouse. From the conversation at the meeting I understand that this
is an emergency medical device to use when someone is having a heart
attack. Is it appropriate for associations to purchase and install
these types of devices? Wouldn’t it create significant liability for
the community? (A.R. by e-mail)
Answer:
It has become common for various types of facilities to install
automated external defibrillator devices or AEDs, including community
associations. It is not uncommon to see them installed in schools, gyms
and other facilities that are frequented by large numbers of people.
Additionally, I have had many association clients who have considered
purchasing and installing these types of devices.
While there appears to be no debate that AED’s can save lives, the
acquisition and use of an AED by an association is not completely
without potential liability.
In order to encourage facilities and organizations to purchase and
install AEDs, the Florida Legislature adopted the Cardiac Arrest
Survival Act, found at Section 768.1325 of the Florida Statutes. The
Cardiac Act provides immunity from civil liability for “any person who
uses or attempts to use an automated external defibrillator device on a
victim of a perceived medical emergency, without objection of the
victim of the perceived medical emergency.” For example, if someone
clutches his or her chest and collapses, and a reasonable person in a
similar situation would assume that such person was having a heart
attack, the AED can likely be used.
In addition to the immunity provided to the person using the AED, the
Cardiac Act extends immunity to condominium and homeowners’
associations that purchase AEDs. However, such immunity is not without
limitations. An association must ensure that the AED is properly
maintained and tested, and depending on the nature of the device
installed, an association may also be required to provide appropriate
training.
Further, pursuant to the Cardiac Act, there is no immunity from civil
liability if the person using the AED acted with “willful or criminal
misconduct, gross negligence, reckless disregard or misconduct, or a
conscious, flagrant indifference to the rights or safety of the victim
who was harmed.”
For example, if an AED has a dead battery or malfunctions in some other
way that relates to its maintenance, there may be no immunity under the
Cardiac Act.
The case law in Florida generally suggests that there is no liability
associated with a property owner’s decision not to purchase and
maintain a defibrillator. Further, the Cardiac Act
specifically “does not require that an automated external defibrillator
device be placed at any building or other location or require an
acquirer to make available on its premises one or more employees or
agents trained in the use of the device.”
The Cardiac Act only applies to instances where an AED is used to
resuscitate an individual. In first aid situations not involving
an AED, the “Good Samaritan Act”, found at Section 768.13 of the
Florida Statutes applies. The Good Samaritan Act provides that
general negligence standards apply when a person otherwise undertakes
to gratuitously render emergency care. While the use of a
properly maintained AED by a properly trained person would only subject
a covered person or entity to liability where the standards set forth
in the Cardiac Act are breached, it appears that ordinary negligence
standards applies to other types of first aid.
I always advise an association considering such a purchase to review
the issue with its insurance professionals and legal services provider
before making a decision for the individual community.
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