State of Georgia
Good Samaritan Laws
Ga. Code Ann. §51-1-29 (1982)(Gen. Stat.)
Ga. Code Ann. §51-1-29.1 (1987)(Non-profit excemption.)
Ga. Code Ann. §51-1-29.3 (2001)(AED immunity)
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Provides immunity for rescuers
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Provides immunity for AED acquirers and enablers
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Encourages/requires CPR & AED training approved by Dept. of Human Resources
Code of Georgia §51-1-29
Any
person, including any person licensed to practice medicine and surgery pursuant
to Article 2 of Chapter 34 of Title 43 and including any person licensed to
render services ancillary thereto, who in good faith renders emergency care at
the scene of an accident or emergency to the victim or victims thereof without
making any charge therefor shall not be liable for any civil damages as a result
of any act or omission by such person in rendering emergency care or as a result
of any act or failure to act to provide or arrange for further medical treatment
or care for the injured person.
Code of Georgia §51-1-29.1
(a)
Without waiving or affecting and cumulative of any existing immunity from any
source, unless it is established that injuries or death were caused by gross
negligence or willful or wanton misconduct:
(1)
No health care provider licensed under Chapter 9, 11, 26, 30, 33, or 34 of Title
43 who voluntarily and without the expectation or receipt of compensation
provides professional services, within the scope of such health care
provider´s licensure, for and at the request of a hospital, public school,
nonprofit organization, or an agency of the state or one of its political
subdivisions or provides such professional services to a person at the request
of such an organization, which organization does not expect or receive
compensation with respect to such services from the recipient of such services.
Nothing in this Code section shall be construed to change the scope of practice
of any health care provider granted immunity in this Code section;
or
(2)
No licensed hospital, public school, or nonprofit organization which requests,
sponsors, or participates in the providing of the services under the
circumstances provided in paragraph (1) of this subsection
shall
be liable for damages or injuries alleged to have been sustained by the person
nor for damages for the injury or death of the person when the injuries or death
are alleged to have occurred by reason of an act or omission in the rendering of
such services.
(b)
This Code section shall apply only to causes of action arising on or after July
1, 1987.
Code of Georgia §51-1-29.3
(a)
The persons described in this Code section shall be immune from civil liability
for any act or omission to act related to the provision of emergency care or
treatment by the use of or provision of an automated external defibrillator, as
described in Code Sections 31-11-53.1 and 31-11-53.2, except that such immunity
shall not apply to an act of willful or wanton misconduct and shall not apply to
a person acting within the scope of a licensed profession if such person acts
with gross negligence. The immunity provided for in this Code section shall
extend to:
(1)
Any person who gratuitously and in good faith renders emergency care or
treatment by the use of or provision of an automated external defibrillator
without objection of the person to whom care or treatment is rendered;
(2)
The owner or operator of any premises or conveyance who installs or provides
automated external defibrillator equipment in or on such premises or conveyance;
(3)
Any physician or other medical professional who authorizes, directs, or
supervises the installation or provision of automated external defibrillator
equipment in or on any premises or conveyance other than any medical facility as
defined in paragraph (2) of Code Section 31-7-1; and
(4)
Any person who provides training in the use of automated external defibrillator
equipment as required by subparagraph (b)(1)(A) of Code Section 31-11-53.2,
whether compensated or not. This Code section is not applicable to any training
or instructions provided by the manufacturer of the automated external
defibrillator or to any claim for failure to warn on the part of the
manufacturer.
(b)
Nothing in this Code section shall be construed so as to provide immunity to the
manufacturer of any automated external defibrillator or off-premises automated
external defibrillator maintenance or service providers, nor shall it relieve
the manufacturer from any claim for product liability or failure to warn.
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