Tennessee § 68-140-406 - Limitation on liability of entity responsible for program.

§ 68-140-406. Limitation on liability of entity responsible for program.

The entity responsible for the AED program shall not be civilly liable for any personal injury that results from an act or omission related to the use or maintenance of the AED that does not amount to willful or wanton misconduct or gross negligence. Acts 1999, ch. 488, § 5; T.C.A., § 68-140-706 ; Acts 2019, ch. 61, § 1. Code Commission Notes. Former § 68-140-706 was transferred to § 68-140-406 by authority of the code commission in 2011. Amendments. The 2019 amendment substituted “be civilly liable for any personal” for “be liable for any civil liability for any personal”, inserted “related to the use or maintenance of the AED” and deleted “if the applicable provisions and program established under § 68-140-404 and the rules adopted by the department pursuant to § 68-140-405 have been met by the entity and have been followed by the individuals using the AED” following “negligence” at the end. Effective Dates. Acts 2019, ch. 61, § 2. March 28, 2019. Cross-References. Good Samaritan Law, §§ 68-131-201 — 68-131-203 . Attorney General Opinions. Tennessee law does not prohibit an untrained person from using an automated external defibrillator (AED). However, an acquirer of an automated external defibrillator that allows an untrained person to use its defibrillator may not avail itself of the limitation on liability afforded under T.C.A. § 68-140-406 . Even when an AED acquirer is not protected by the statutory limitation on liability, it may not be amenable to suit under the statute because the statute does not expressly provide for a “private right of action” against an AED acquirer for its failure to comply with the statute’s training provisions. OAG 18-47, 2018 Tenn. AG LEXIS 46 (11/21/2018).