It’s now legal to break into hot cars to save children

June 6, 2018 Utah Channel 3

ST. GEORGE — An amendment to the “Good Samaritan Law” that went into effect May 8 now grants civil immunity to civilians who break into a vehicle to rescue a child confined within.

The bill, sponsored by Rep. Tim Quinn, R-Heber City, passed unanimously in both the House and Senate in February and was signed by Gov. Gary Herbert March 15.

According to research from KidsAndCars.org, every year an average of 37 American children die heat-related deaths from being trapped in a vehicle. In Utah, 12 children died of vehicular heatstroke between 1996 and 2017.

Last summer, two toddlers from Utah died after being left in hot cars; one occurred in Las Vegas and the other in Washington County.

With temperatures on the rise in St. George, a parked car can reach 120 degrees in 10 minutes, even with the windows partially open. According to the American Academy of Pediatrics, 80 percent of a vehicle’s temperature increase occurs during the first 30 minutes.

Under the amended law, any person who uses reasonable force to rescue a child from a vehicle will not be liable for damages in a civil action so long as they have met certain requirements.

“It just gives another layer of confidence to a person who thinks that a minor might be in danger, then they can take action without being held civilly liable for the damage,” Quinn said.

To receive civil immunity when forcibly entering a vehicle to remove a child, a person must in good faith believe that the child is in imminent danger of physical injury or death. They must confirm that the vehicle is locked and there is no other way to enter and they must notify a first responder before entering the vehicle and remain with the child until the first responder arrives.

Children are not the only victims of vehicular heatstroke. Hundreds of pets die each year from being locked in a car. The Good Samaritan Law does not protect those who forcibly enter a car to rescue an animal though they are at the same risk of physical harm or death as children.

The reason they did not include animal rescuers in this bill is because the Legislature’s primary concern was for the safety of children, and did not want to risk the bill not being passed.

According to KidsAndCars.org, in 55 percent of vehicular heatstroke cases, the caretaker of the child claimed to have unknowingly left the them alone in the car.

This was the case for Carol Harrison and Miles Harrison, who accidentally left their son, Chase Harrison, in a hot car July 2008 according to a KidsAndCars.org press release. Today, the Harrison’s work to spread awareness about the dangers of leaving children alone in a vehicle and how to prevent doing so by accident.

They share their story in a documentary, “To the Moon and Back,” by Susan Morgan Cooper. The documentary shows how the death of the Harrisons’ Russian-adopted son contributed to the Dima Yakovlev Act, or the Russian adoption ban.

During the summer it is especially important to take the necessary precautions to prevent tragedy. With the new law, the community as a whole is able to watch out for endangered children.

“My hope is that this saves a child’s life,” Quinn said.

Resources:

Read the full text of the bill here.
Prevention, safety tips and statistics can be found here.

Email: mshoup@stgnews.com

Twitter: @STGnews | @MikaylaShoup