Under Illinois statute 720 ILCS 5/12C-5, it is illegal to leave a child unattended in a vehicle. According to the statute, an adult can be charged with endangering the life of a minor if they leave a child who is 6 years old or younger unattended in the vehicle for more than 10 minutes. So, what happens if you see young kids alone in a vehicle and in possible danger? When can you break into a car to save a child in Chicago?
Our Chicago personal injury lawyers provide answers to these key questions.
Internal Temps Suffered by a Child Locked in a Car
According to national statistics, 33 children died in 2022 from heat stroke because they are left alone in a vehicle. As of May 2023, there have already been 5 pediatric vehicular heat stroke deaths.
How is this possible? Well, the internal temperature of a parked vehicle can soar as high as 120 to 130 degrees, even if the temperature outside is lower. Our bodies shut down at 104 degrees. Once the temperature hits 107 degrees, death.
What to Do If You See a Child Locked and Alone in a Vehicle
Should you see a child locked and alone in a vehicle in Chicago you say something. Here are two scenarios to show when and why you should break into a car to save a child in Chicago:
Scenario 1: If the child appears to be okay, first attempt to locate the parents. You can do this by having nearby businesses page the car owner over an intercom system. Or, by asking people around the locked vehicle if they know anything about the location of the child’s parents.
Scenario 2: If the child is not responsive and appears to be in distress, call 911. Keep the 911 operator informed of everything happening. With locked doors and the child in distress, let the operator know you are going to break a window to remove the child. Pick a window farthest away from where the child is. Then, using a hard object–rock, tire iron, etc., pick a point at the window that is above the door lock. It may take multiple blows to the glass before it finally breaks. Next, wrap your hand and arm to protect it from the broken glass and reach in to open the door that you broke into to save the child.
You should also note that under the Illinois Good Samaritan Act, you can be legally protected from a liability lawsuit for trying to do a good thing by breaking into a car to save a child in Chicago.
Are You Protected If You Break Into a Car to Save a Child in Chicago?
In the state of Illinois, the Good Samaritan Act extends protections when assisting a minor under the age of 18 in an emergency situation. In such cases, it is generally advisable for the Good Samaritan to first seek permission from the child’s parent or guardian, if possible.
However, if the parents or guardians cannot be reached and immediate emergency care is required, you may still be protected under the concept of implied consent. Implied consent implies that a reasonable person would agree to emergency care for a minor in the absence of explicit consent.
To recap: as long as you act in good faith and provide assistance to the best of your ability, the law is typically on your side. The primary focus is on the intention to help and the reasonable actions taken in response to the emergency situation. The laws are intended to promote the well-being of individuals in emergency situations and provide reassurance to those who offer their assistance.
Who Is Not Protected Under the IL Good Samaritan Act?
There are certain circumstances where individuals may not be protected under the Illinois Good Samaritan Act. Some examples of situations where the Act may not apply include:
- Gross negligence or willful misconduct: If a person acts with reckless disregard for the well-being of others or intentionally causes harm while providing assistance, they may not be protected under the Good Samaritan Act.
For example: a child gets rescued from a locked and hot car only to be placed along a busy road where they stumble into oncoming traffic and get hit. Or, someone under the influence stops to help, but makes the unfortunate choice to break the window closest to the child resulting in severe cuts and eye damage to the child from broken glass.
- Acting beyond one’s scope of training or expertise: If a person exceeds the reasonable scope of their knowledge, training, or capabilities while providing aid, they may not receive the same legal protection under the Act.
- Professional duty: The Good Samaritan Act generally does not cover healthcare professionals or individuals who have a pre-existing duty to provide care within the context of their profession or occupation. They may be held to the standards of their profession and subject to professional liability.
Lawyers for Juvenile Heat Stroke Victims
At Lerner and Rowe Injury Attorneys, our team understands that injury cases cannot be handled with one basic cookie cutter approach. And no matter how complicated the circumstances, if your child has suffered heat stroke as a result of another person’s negligence, it is advisable to seek the counsel of a skilled personal injury lawyer in Chicago.
Our team is not here to judge, but to make sure that your child’s immediate and future health and wellness needs are met so that your family can heal and move forward. Contact us today for a free consultation to learn more about your legal options. Make one call to 708-222-2222, use the LiveChat feature, or use the convenient online form to connect with Lerner and Rowe in Chicago 24/7.
The information on this blog is for informational purposes only. It is not meant to serve as legal advice for an individual case or situation. This information is not intended to create an attorney-client relationship nor does viewing this material constitute an attorney-client relationship.