Virginia Good Samaritan Law and CPR: What Protection You Really Have

If you perform CPR on a stranger in Virginia, the state’s Good Samaritan law generally protects you from being held liable for civil damages, as long as you act in good faith, without pay, and without gross negligence or willful misconduct. That is the core of the Virginia Good Samaritan law for CPR. The protection is real, but it is a legal defense with boundaries, not a guarantee that no one can ever file a claim. This article covers what the law says, who it covers, where it stops, and how training and AED readiness help, both for individuals and for small business owners. It reflects the law as understood in 2026, and statutes can be amended.

What the Virginia Good Samaritan Law Says About CPR

The central provision is Virginia Code § 8.01-225. In plain terms, it says a person who renders emergency care or assistance in good faith, without compensation, to someone who is ill or injured at the scene of an accident, fire, or other life-threatening emergency is not liable for civil damages for acts or omissions resulting from that care. The exception is care that amounts to gross negligence or willful misconduct. This is a paraphrase, so read the current text on the Virginia Law website before relying on any detail.

A few terms carry most of the weight:

• Good faith: You are honestly trying to help, not acting for personal gain or out of some other motive.
• Without compensation: You are not being paid, and not expecting to be paid, for this care.
• Emergency care: Help given in a genuine emergency, such as a collapse, serious bleeding, or cardiac arrest, including CPR and AED use.
• Gross negligence: A serious, conscious disregard of an obvious risk to another person. It is a much higher bar than an ordinary mistake.
• Willful misconduct: Intentionally acting wrongly or with deliberate intent to harm or ignore the person’s safety.

The distinction between civil and criminal liability matters. Civil liability is about being sued for money damages. The immunity in this statute addresses civil claims. It is not a shield for criminal conduct, and it should not be read as one. For a broader look at this question, see our guide on whether you can be sued for performing CPR.

Consider a simple example. A shopper sees a customer collapse in a store parking lot, finds no pulse or normal breathing, asks a bystander to call 911, and starts chest compressions. The shopper is a volunteer, is not paid, and is following the basic steps to the best of their ability. Even if the compressions are imperfect or a rib breaks, which is common and often unavoidable in effective CPR, the law is designed to protect that shopper from a civil damages claim. An ordinary mistake made while genuinely trying to help is not the kind of conduct the exception targets.

Who Is Covered When Performing CPR or Using an AED

The law is written broadly. It covers ordinary laypeople with no medical background, bystanders who have taken a CPR class, and many people who happen to have professional training but are helping outside of their normal duties. You do not need to be an expert or hold a card for the protection to apply in most situations.

Licensed professionals

Section 8.01-225 also addresses health care professionals such as physicians and nurses, and it includes provisions for certain emergency responders and rescue squad members. The conditions differ by role. A nurse who stops to help at a roadside crash is in a different position from a nurse treating a patient in a hospital, where an existing duty and a standard of care apply. If you hold a license, check the current statutory text for how your category is treated, because the answer depends on where you are and whether you are being paid.

AED use and ownership

Virginia law also contains provisions on automated external defibrillators, covering people who use an AED in an emergency and, separately, those who acquire, place, or maintain one. These provisions can come with conditions, which may include maintenance, notification, or training expectations. As of 2026, anyone who owns or plans to buy an AED should read the current AED-specific language and confirm what is expected. An AED that sits in a cabinet with dead batteries or expired pads is a problem, both for the patient and for any argument that the owner acted responsibly.

Do you need a CPR card?

No. A common misconception is that you must be certified to be protected. For most Good Samaritan provisions, the protection turns on good faith, lack of compensation, and the absence of gross negligence, not on certification. Training still matters, though. People who have practiced compressions on a manikin and handled an AED trainer are more likely to start quickly, use the right hand position and depth, and stay calm. The law protects your effort, but training improves its quality, and it helps to know what CPR certification includes before you enroll.

Where the Protection Stops

The statute carves out gross negligence and willful misconduct, and the difference between those and an honest error is easiest to see in contrast.

A rescuer who begins compressions, asks someone to call 911, applies an AED when it arrives, and keeps going until paramedics take over is following recognized steps. Even if the outcome is poor, that is good-faith care. By contrast, a rescuer who starts CPR and then walks away without handing off to anyone, ignores clear instructions from a dispatcher, or acts recklessly, for example by moving a patient needlessly in a way that is plainly dangerous, is closer to the line that the exception describes. Whether conduct crosses it is a question for a court, which is why the safest approach is to stay with recognized steps.

Paid duty to respond

The statute’s protection is built around care given without compensation. Employees whose job requires them to respond to emergencies, such as lifeguards, security staff, or designated workplace responders, may be treated differently from a passing bystander. Whether Good Samaritan immunity applies to them can depend on their duties, their employer, and other laws. This is a question to put to an attorney rather than assume.

Immunity is not a ban on lawsuits

Another misconception is that the law means no one can sue you. It does not. Anyone can file a claim. What the statute gives you is a defense that, if the facts fit, should lead to the claim failing. You may still need to respond to a filing, and that is part of why employers in particular want clear records and documented training.

Consent

For an unresponsive adult, the law generally treats consent as implied, because a reasonable person would want help. If a conscious adult refuses, you should respect that. Minors raise additional questions, such as when a parent or guardian is present and what happens if they object. As of 2026, verify how Virginia handles those situations, and if you work with children professionally, ask your employer or counsel about policy. Finally, remember that the statute addresses civil liability. It does not excuse criminal conduct.

What This Means for Small Business Owners

Owners usually ask two things: does Good Samaritan protection extend to employees who help while on the job, and does it extend to the business itself? Neither answer should be assumed. Employees helping at work may be acting within their duties and being paid, which can change the analysis, and a business has its own exposure, including premises obligations. These are questions to confirm with legal counsel and your insurance provider, not to settle from a general article. It is also worth understanding the liability of not having CPR-trained staff.

What you can do without a lawyer is reduce the odds that an emergency goes badly and improve your ability to show you were prepared:

• Train staff. Enough employees on every shift should hold current CPR, AED, and First Aid certification so someone qualified is always on site. Our guide on how to get employees CPR certified walks through the process.
• Write an emergency action plan. Spell out who calls 911, who retrieves the AED, who meets the ambulance, and who manages the crowd.
• Place and maintain an AED. Put it where people can reach it within a minute or two, mark it clearly, and keep a log of battery and pad expiration dates.
• Document everything. Keep training dates, certificate copies, drill records, and AED inspection logs in one place.

Imagine a customer collapses at a gym. One trained employee checks responsiveness and starts compressions, a second calls 911 and sends a third person to grab the AED by the front desk, and the first responder places the pads as soon as the device arrives and follows its prompts. When paramedics walk in, the staff member gives a short report. That is what a rehearsed plan looks like, and it is a far stronger position than improvising.

There is also a regulatory angle. OSHA’s first aid standard, 29 CFR 1910.151, says that where there is no infirmary, clinic, or hospital in near proximity to the workplace for treating injured employees, a person or persons must be adequately trained to render first aid, and adequate first aid supplies must be readily available. Confirm the current wording on OSHA’s site, and ask whether your workplace meets the “near proximity” test. In many small businesses, the answer is to train staff rather than to assume an ambulance will arrive fast enough.

Acting Well in the First Minutes: Steps That Support Good-Faith Care

The steps below are the same ones that show you acted reasonably. They are a general guide, not a substitute for a class. For a fuller walkthrough, see this step-by-step guide to performing CPR on adults.

1. Check safety. Look for traffic, fire, live wires, or anything else that could hurt you. You cannot help if you become a second patient.
2. Check responsiveness. Tap the person’s shoulder and shout. Look for normal breathing. Gasping is not normal breathing.
3. Call 911 or send someone. Point to a specific person and say “Call 911 and come back.” If you are alone, put your phone on speaker so you can follow the dispatcher while your hands are busy.
4. Start compressions. Place the heel of your hand on the center of the chest and push hard and fast, allowing the chest to recoil fully between compressions.
5. Use the AED as soon as it arrives. Turn it on, follow the voice prompts, and do not touch the person while it analyzes or delivers a shock.

Untrained bystanders are generally encouraged by the American Heart Association to perform hands-only CPR, meaning continuous chest compressions without rescue breaths, for an adult who collapses suddenly. Check the AHA’s current guidelines for the exact wording, since recommendations are updated. If you have been trained to give breaths, follow your training. If a dispatcher gives you instructions, follow those as well.

Keep going until EMS takes over, the person starts to respond, an AED instructs otherwise, or the scene becomes unsafe. Stopping early because you are tired is understandable, so ask someone else to take over if you can.

Afterward, give the responders a short account of what happened, how long the person was down, and what you did. As soon as you can, write down the times and details while your memory is fresh. Those notes help medical staff and, if a question ever arises later, show that your care was deliberate and in good faith.

Getting Trained So You Are Ready to Act

Not every course fits every need, so it helps to know the differences:

• CPR/AED for the general public: Covers compressions, breaths, and AED use for adults, and often children and infants. This suits most employees, parents, coaches, and individuals.
• First Aid: Covers bleeding, burns, choking, allergic reactions, and other common emergencies that are not cardiac arrest.
• BLS (Basic Life Support): A higher-level course for health care roles, including team-based resuscitation and advanced airway basics.

Respond and Rescue offers same-day, hands-on certification in in-person, hybrid, and group formats, so people can finish and leave certified. If you are weighing formats, our comparison of in-person vs. online CPR classes can help, and you can also explore same-day CPR certification near you. We also provide corporate training and emergency preparedness programs, and we supply AEDs and first aid kits, so training, compliance, and equipment can come from one source.

Before you book, check that the certification matches your requirement. Some employers and licensing boards specify particular providers or course types, and a general-public card will not satisfy a requirement for BLS. Cards typically last two years, but confirm the validity period for the specific course you take, and put the renewal date in your calendar. Our explainer on how long CPR certification lasts covers expiration and renewal in detail.

The simplest next step for a business is to schedule a group session for your staff and walk through where your AED is placed, whether it can be reached quickly from every part of the building, and whether anyone is assigned to check it.

Good-Faith Help Works Best When You Are Prepared

Virginia’s law is designed to encourage people to help rather than freeze, and it protects good-faith efforts even when they are imperfect. Preparation is what makes that help effective: trained people, a clear plan, and an AED that works. Keep in mind that this article is general educational information, not legal advice, and that questions about your particular situation belong with a Virginia attorney.

When a real emergency hits, there’s no pause button and no second chances. Get hands-on CPR, First Aid, and AED training that prepares you to act fast and with confidence when it matters most. Find a local class or schedule your on-site training now and leave certified, prepared, and ready to save a life.