Senate Passes Measure to Protect Good Samaritans Who Rescue Children Trapped in Cars

The New York State Senate today passed legislation (S240), sponsored by Senator Jack Martins (R-C-I, Mineola), that would help prevent children from dying when trapped inside an overheated car. The bill would ensure that Good Samaritans who forcibly enter a car to rescue a child locked inside are immune from liability.  

Senator Martins said, “This legislation is entirely about saving children’s lives. A car left in the sun becomes an oven in a matter of minutes; a child locked in that car is literally in a life or death situation. When someone sees an unattended child trapped in a car, we want them to take action to protect that child, not ignore it. Exempting Good Samaritans from liability will help encourage people to rescue children from a potentially deadly situation.” 

According to KidsAndCars.org, a nationally recognized not-for-profit children’s safety organization, on average, 38 children die in hot cars each year from heat-related deaths after being trapped inside motor vehicles. Children's body temperatures increase three to five times faster than an adult – making immediate attention the difference between life and death for a young child.

This legislation would allow an individual to legally break a window or forcibly enter a parked car without liability if there is a reasonable belief that these actions would help a child, under the age of eight years old, who would suffer harm if not immediately removed from the vehicle. Anyone who forcibly enters the vehicle to rescue a child must also notify 911 or first responders immediately before or immediately after entering the vehicle and remain with the child on-site until help arrives.

The bill has been sent to the Assembly.