Published by C.L. Mike SchmidtSchmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.
Why You Should Never Leave a Child in the Car Unattended
Leaving a child alone in the car can have disastrous consequences, both for the child and you. Your child could face life-threatening temperatures, accidental injury, or kidnapping, and you may face criminal charges or jail time. Left alone in a vehicle for even a short time, children are in danger of heat stroke, dehydration, overheating, hypothermia, abduction, and even death.
What is Forgotten Baby Syndrome?
Forgotten Baby Syndrome occurs when parents accidentally leave a baby in a locked vehicle. In most cases, the syndrome happens when parents focus on future tasks instead of the moment. This mindset can be extremely dangerous for a quiet or sleeping baby.
What is the Good Samaritan Law?
Good Samaritan laws offer legal protection to people who give reasonable assistance to children and others who are injured, ill, in peril, or otherwise incapacitated. The purpose of the laws is to keep people from being reluctant to help a stranger in need for fear of legal repercussions should they make some mistake in treatment.
Which States Have Good Samaritan Laws?
All 50 U.S. states and the District of Columbia currently have Good Samaritan laws on the books, in addition to federal laws for specific circumstances. The specifics of each law vary by jurisdiction, including who is protected from liability and under what circumstances.
What is a Duty to Rescue Law?
In most states, a bystander cannot be held liable for not providing assistance to someone in distress. However, in certain states, bystanders are required to act in a limited capacity. This is referred to as a Duty to Act Law. Minnesota, Louisiana, Rhode Island, and Vermont currently have Duty to Act Laws, meaning that passersby or bystanders have a legal duty to offer emergency help. In Minnesota, for example, failing to provide reasonable assistance could result in a misdemeanor charge and a fine of up to $300.
What is Kaitlyn's Law?
In 2001, California Governor Gray Davis signed into law Senate Bill 255, which became known as Kaitlyn’s Law. Named for Kaitlyn Russell, a 6-month-old girl who died after being left by a babysitter in a parked car for over 2 hours, the law makes it illegal for a child to be left unattended in a motor vehicle.
Related Article: Infant Bath Seat Lawsuit
FAQs
At what age can a child legally be left alone in a car?
The legal age at which a child can be left alone in a car varies by state, but many states do not allow children under the age of 6 to be left unattended.
What are the penalties for leaving a child in an unattended car?
Penalties for leaving a child in an unattended car can range from fines to criminal charges, including child endangerment. The severity of the punishment depends on the circumstances and state laws.
Can leaving a child in a car be considered child endangerment?
Yes, leaving a child in an unattended car, particularly in dangerous conditions, can be considered child endangerment and may result in criminal charges.
Are there any exceptions to laws about leaving children in unattended cars?
Some states may allow brief periods where children can be left in a car if the engine is off, the car is locked, and the temperature is safe, but these exceptions are limited and vary by jurisdiction.
Get a Free Lawsuit Evaluation With Our Lawyers
The Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers focusing on plaintiffs' representation in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.
If you or a loved one was involved with such matters, you should contact Schmidt & Clark immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.