Ryan Zavodnick | August 3, 2025 | Personal Injury
An AED is an automated external defibrillator, which is a medical tool used to help those experiencing cardiac arrest. The machine is a complex tool, but relatively simple to use. An AED can analyse the heart’s rhythm and deliver an electrical shock, in a process called defibrillation, to restore the heart’s natural rhythm. AEDs are potentially life-saving devices. When an individual’s heart stops beating regularly, it can hinder blood flow to the brain. Without proper blood flow to the brain and other vital organs, the lack of oxygen can cause permanent damage within minutes.
Due to the simplicity of operating these devices, some do not even require special training to use. However, this does not mean that defibrillation will always happen without incident. With the high stakes for the individual’s personal health, there may be unforeseen consequences from the use of an AED. This often raises the question: Who is liable for AED injuries? While the answer may seem obvious, there are several nuances of Pennsylvania state law that may complicate this matter.
For more information on liability for AED injuries, consider speaking with a skilled Philadelphia personal injury attorney. Call the office today at (215) 774-6467 and schedule a free initial consultation.
Use and Benefits of AEDs
An AED is designed to use electricity to restart the heart’s natural rhythm when an individual experiences sudden cardiac arrest. This condition is caused by a failure or irregularity in the electrical impulses that maintain a steady heart rate. Note that sudden cardiac arrest is different from a heart attack. A heart attack is caused by insufficient blood flow to the heart, whereas cardiac arrest is an issue with the nervous system and the heart’s natural pacemaker. An AED is a potentially life saving device, as it has the capability to restart this natural rhythm and prevent heavy damage to the brain and other organs if it is used within the first several minutes of cardiac arrest. According to the Food and Drug Administration, AEDs can save lives if used and maintained properly.
Common AED Injuries
When used incorrectly, some AEDs can lead to injury on the part of the patient or the caregiver. Some of the most comon injuries include minor shocks or burns. These may occur due to the electricity used by automated external defibrillators to reset the electrical impulses in the heart. If used incorrectly or if used when the person in cardiac arrest is wet or in water, these shocks could become severe. Additionally, implanted pacemakers could be damaged by the electrical impulse of an AED, which could cause more severe issues.
However, faulty or defective AEDs could lead to greater injuries or even wrongful death. Additionally, if the AED is faulty or damaged and unable to deliver the charge, the victim may suffer damage or injury because they were unable to reset the regular rhythm of their heart. If the defibrillator is unable to perform its function, the individual may suffer permanent brain damage and damage to vital organs. Defective medical devices may imply liability for the production company or the persons responsible for maintaining thre device.
For more details on AED injuries, consider speaking with a skilled Philadelphia personal injury attorney from Zavodnick & Lasky.
Who is Liable for an AED Injury?
In the event of an AED injury, it may seem clear who the liable party is. If the bystander or person who took initiative and used the AED to attempt to resuscitate the individual made a mistake, one would assume that they are the liable party. However, this may not be the case. Many states, including Pennsylvania, have Good Samaritan laws, that protect lay people who were attempting to help an individual from legal action. These laws may protect an individual from legal action if injuries arise from the use of an AED and could influence a personal injury settlement.
Good Samaritan Law
Due to the simplicity of operating an AED and the likelihood of a bystander being able to step in and use this life saving device, AED injuries may be protected by Good Samaritan laws. In most situations, the training and instruction required to operate an AED are contained on the device itself. Some AEDs are even automatic, requiring only that an individual affix the electrodes in the proper place, and the machine detects abnormalities in the rhythm and applies the electrical pulse without human intervention. As such, the individual operating the AED is unlikely to be a medical professional. Simple training or acquaintance with the device may suffice for an individual to use an AED. As such, Pennsylvania Good Samaritan laws may protect these individuals from the legal repercussions of an AED injury.
Exceptions to the Good Samaritan Law
There are, however, several notable exceptions to Pennsylvania’s Good Samaritan laws. According to 42 Pa. C.S. § 8331.2, individuals operating an AED without being properly equipped or trained to use the device may still be held liable for civil damages. Additionally, they may be liable if they failed to maintain or properly utilize the device, leading to an injury. In general, gross negligence will exempt an individual from the protections of Pennsylvania’s Good Samaritan laws. Additionally, if the individual operating the AED is obstructing emergency medical services, they may be held liable for injuries. This is because most emergency medical professionals are specially equipped to address these situations, and obstructing them could lead to injury or failure to provide life saving care.
AED Training
While many AEDs do not require additional training and can be operated as instructed by the device itself, operating an AED without training or understanding of the device could lead to injuries. Many medical organizations such as the American Red Cross and others have certified training courses to equip individuals to effectively use an AED. Additional training with these resources could help reduce the chance of injury, and could reinforce a Good Samaritan defense in court.
Contact a Philadelphia Personal Injury Attorney
AEDs can be life saving devices if they are used quickly after the individual has gone into cardiac arrest. Quick thinking and an effective use of this tool could potentially prevent debilitating permanent damage to an individual’s brain and other organs. As such, the state of Pennsylvania generally aims to protect those who, in good faith, attempt to use an AED to help those experiencing cardiac arrest. However, the individual administering treatment must avoid gross negligence and ensure they are operating the device properly. The nuance of the situation can easily determine who is liable for AED injuries. An experienced Philadelphia personal injury attorney from Zavodnick & Lasky may be able to evaluate your claim and provide legal counsel. Call today for a free consultation at (215) 774-6467.
