July 23, 2014

Tennessee Protects People Who Free Children Trapped in Vehicles from Liability

Bystanders who break into a locked vehicle to rescue children in danger of heatstroke are immune from liability under a Tennessee law enacted this year.

The law, which took effect July 1, 2014, protects anyone who forcibly enters a motor vehicle to remove a child locked or trapped inside if the person reasonably believes that the child is in imminent danger.

The rescuer must: 
  • have alerted the local police or fire department, or called 911, before breaking into the vehicle; 
  • place a notice on the windshield with his or her contact information, the reason he or she broke in, the location of the child, and that he or she has notified the authorities; and
  • must stay with the child in a reasonably close, safe location until police, fire, or emergency responders arrive. 
The Nashville Tennessean reports that 28 children died of heatstroke in vehicles in that state since 1990.