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Liability Issues

Generally speaking,

1. AEDs are "do-no-harm" devices. They are extremely reliable. They will not deliver a shock unless the patient needs it.  In order to have liability there must be some harm done.  Increasing a person's odds of survival does not seem "harmful." 
2. The victim of a cardiac arrest already has one foot in the grave. Unless early defibrillation is applied, the patient will most likely die. The use of a defibrillator greatly enhances the likelihood that a cardiac arrest victim will survive. A greater liability might exist if rescuers did not attempt defibrillation.
3. Any police officer, fire fighter or other medical responder would certainly perform CPR upon a cardiac arrest victim in any event. The use of a defibrillator radically enhances the effectiveness of the rescue effort and significantly reduces (but does not eliminate) the need for CPR. CPR is not a gentle procedure and there can be incidental injuries associated with it.  If you can improve patient outcomes and reduce incidental injuries then it may be that AEDs can actually reduce your exposure.
4. We have treated hundreds of patients and we have been quite successful savings lives.  But in spite of our success, we still lose the about half of the sudden cardiac arrest victims we try to resuscitate.  There has never been even the hint that a claim might be made against us.
5. Had this department failed to develop this program then our survival rate would be about half of what it is today and dozens more people would have died.

There have been some cases litigated because rescuers went into the field with equipment that had dead batteries.  Effective enforcement of policies requiring appropriate inspections of the AEDs and related issues will prevent these problems.  These procedures are not burdensome. 

OSHA issued Technical Advisory Bulletin 01-21-17 recommending that some employers consider placing AEDs within the workplace.  OSHA concludes that AEDS are "a safe, effective, easily learned method of treating victims of cardiac arrest."  This conclusion may be an indicator of how future liability issues will be viewed.  http://www.osha.gov/dts/tib/tib_data/tib20011217.html

AEDs have been placed in place in many churches, malls, schools and other public facilities.  There have been state and federal grants to support the purchase of AEDs.  They are carried by the vast majority of first responder groups and in many law enforcement vehicles across the country.  Thousands of lives have been saved.

It is likely in the future, that a greater exposure to liability will exist for those emergency responders who do not have AEDs. While these devices may be perceived as relatively new, they have actually been available for this type of use since 1990. They are becoming more and more commonplace. Eventually, treatment of cardiac arrests by first responders, including police officers, equipped with AEDs will become the rule rather than the exception. When this happens, responders who do not have AEDs and cannot deliver what would be considered "a reasonable standard of care" may be at risk of liability.

This section is not intended as legal advice.  Laws relating to AEDs vary from one jurisdiction to another.  Anyone implementing a defibrillation program should consult with their own legal counsel for specific guidance.