Liability for use of automated external defibrillator
(1) As used in this section:
(a) "Automated external defibrillator" means an automated external defibrillator approved for sale by the federal Food and Drug Administration.
(b) "Public setting" means a location that is:
(A) Accessible to members of the general public, employees, visitors and guests, but that is not a private residence;
(B) A public school facility as defined in ORS 327.365 (Automated external defibrillator grants); or
(C) A health club as defined in ORS 431.680 (Automated external defibrillators required at health clubs).
(2) A person may not bring a cause of action against another person for damages for injury, death or loss that result from acts or omissions involving the use, attempted use or nonuse of an automated external defibrillator when the other person:
(a) Used or attempted to use an automated external defibrillator;
(b) Was present when an automated external defibrillator was used or should have been used;
(c) Provided training in the use of an automated external defibrillator;
(d) Is a physician and provided services related to the placement or use of an automated external defibrillator; or
(e) Possesses or controls one or more automated external defibrillators placed in a public setting and reasonably complied with the following requirements:
(A) Maintained, inspected and serviced the automated external defibrillator, the battery for the automated external defibrillator and the electrodes for the automated external defibrillator in accordance with guidelines set forth by the manufacturer.
(B) Ensured that a sufficient number of employees received training in the use of an automated external defibrillator so that at least one trained employee may be reasonably expected to be present at the public setting during regular business hours.
(C) Stored the automated external defibrillator in a location from which the automated external defibrillator can be quickly retrieved during regular business hours.
(D) Clearly indicated the presence and location of each automated external defibrillator.
(E) Established a policy to call 9-1-1 to activate the emergency medical services system as soon as practicable after the potential need for the automated external defibrillator is recognized.
(3) The immunity provided by this section does not apply if:
(a) The person against whom the action is brought acted with gross negligence or with reckless, wanton or intentional misconduct;
(b) The use, attempted use or nonuse of an automated external defibrillator occurred at a location where emergency medical care is regularly available; or
(c) The person against whom the action is brought possesses or controls one or more automated external defibrillators in a public setting and the person’s failure to reasonably comply with the requirements described in subsection (2)(e) of this section caused the alleged injury, death or loss.
(4) Nothing in this section affects the liability of a manufacturer, designer, developer, distributor or supplier of an automated external defibrillator, or an accessory for an automated external defibrillator, under the provisions of ORS 30.900 ("Product liability civil action" defined) to 30.920 (When seller or lessor of product liable) or any other applicable state or federal law. [2005 c.551 §1]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.