I have a legal question concerning vehicle locks

[Louis_Traum]

So of course in any ordinary circumstance it would be illegal to pop a car lock. What if you found a child locked in a hot car (and apparently forgotten about)? Of course call the police or the fire department, but in the meantime, would it be legal for you to pop the car lock? I mean can you get in trouble for picking a car lock that you don't own for the safety of a child?

p.s.
Im asking about laws in the US, btw, but I'm also interested to hear about the laws in the UK and Canada or where ever

[MrScruff]

You've piqued my curiosity because your only posts contain this question, so I have to ask: did you already do this? If so, I advise contacting a lawyer instead of a group of people on the Internet, regardless of qualifications.

The law varies between states, provinces and/or countries and there are various circumstances that could determine the legality of your decision. One thing that worries me though is the phrase "apparently forgotten about"; it sounds like you took the liberty to pick someone else's lock without permission, to get at their child no less, which puts you in a whole other kind of hot water.

[MrScruff]

Bah, I wish there was an edit button... or at least better proofreading on my part....

"...because your only posts contain this question..." should read "...because all your only posts contain this question..."

[Louis_Traum]

No I haven't done any of this. There was a news story in my hometown about a group of people outside of a supermarket who noticed a child in a booster seat in a locked car, and after 30 minutes they broke into the car to save the child and there is a lawsuit about it. That's why I'm asking about this. Thanks.

[maintenanceguy]

Who cares if it's "illegal". Do the right thing all the time. Find a kid locked in a hot car, break a window if you have too. Nobody is going to prosecute a good Samaritan.

[Louis_Traum]

I agree with you. That's why I'm asking the question because I wanted to know if this good Samaritan will be charged or not.

[MrScruff]

I think the real question is whether it can be demonstrated that the child was in any danger in the first place. If there was no immediate danger they could have monitored the situation and waited for the police to arrive, if there was immediate danger they could have asked for advice and acted appropriately.

Do you have a link to the story? I'm even more curious now.

[MrScruff]

Okay, after about 10 minutes research I can tell you that Louisiana does indeed have a good Samaritan law so it really comes down to proving whether the individual was acting in the child's best interests.

Also, your Yahoo thread is generating some interesting discussion as well.

[Evan]

No I haven't done any of this. There was a news story in my hometown about a group of people outside of a supermarket who noticed a child in a booster seat in a locked car, and after 30 minutes they broke into the car to save the child and there is a lawsuit about it. That's why I'm asking about this. Thanks.

@Louis_Traum:

A "lawsuit about this" is not "criminal charges in the case"...

Criminal Charges = ILLEGAL

A Lawsuit = Tort Claim For Damages

You can act entirely within what is legal or even morally right and still cause damages which are settled in court in a tort claim...

In this situation it sounds as if the owner of the car is seeking damages from the group of people who damaged said car in the process of saving the child... Bystanders who take action must realize that they do not have "qualified immunity" like public safety employees do while acting within their legal authority...

My personal advice for people who encounter this situation is to call 9-1-1 and let the public safety employees who have legal authority to act in damaging/seizing property in the course of their normal duties to be the ones to break into any cars if needed to save any children...

It seems clear that the police and district attorney will not be pursuing any sort of criminal case for vandalism/property damage in this case so the car owner's only legal remedy is to sue for damages...

~~ Evan

P.S. Umm... Good Samaritan Laws do not authorize private citizens to enter or destroy the property of others -- such laws only require that you render aide to those clearly in need AND summon help to the scene and make a report of what you observed to the proper authorities after they arrive on scene before you leave... The law does not "deputize" you to "do whatever is necessary" -- it only mandates that you summon help to the scene and act if there is an immediate threat to life and limb... A child locked in a car is not in an immediate danger of dying -- 5 more minutes waiting for the police or fire department to come to the scene and determine what action to take is the proper thing to do... Lest an angry parent show up at the car before the police arrive and accuse the "bystanders" of burglary from an auto and attempted kidnapping for taking unilateral action on their own before calling the police...

[MrScruff]

P.S. Umm... Good Samaritan Laws do not authorize private citizens to enter or destroy the property of others -- such laws only require that you render aide to those clearly in need AND summon help to the scene and make a report of what you observed to the proper authorities after they arrive on scene before you leave... The law does not "deputize" you to "do whatever is necessary" -- it only mandates that you summon help to the scene and act if there is an immediate threat to life and limb...

Yikes, I completely misinterpreted that one. Thanks for the info.

[Louis_Traum]

Yea I found a lot of help in the Yahoo forum and I'm glad that you researched and found a good Samaritan law in Louisiana. Thanks.

[Squelchtone]

So of course in any ordinary circumstance it would be illegal to pop a car lock. What if you found a child locked in a hot car (and apparently forgotten about)? Of course call the police or the fire department, but in the meantime, would it be legal for you to pop the car lock? I mean can you get in trouble for picking a car lock that you don't own for the safety of a child?

p.s.
Im asking about laws in the US, btw, but I'm also interested to hear about the laws in the UK and Canada or where ever

If child is in hot car, there's no room for picking, you break the window and get child to safety.. person's insurance can worry about the $100 dollar window repair. period.

Squelchtone

[Squelchtone]

So of course in any ordinary circumstance it would be illegal to pop a car lock. What if you found a child locked in a hot car (and apparently forgotten about)? Of course call the police or the fire department, but in the meantime, would it be legal for you to pop the car lock? I mean can you get in trouble for picking a car lock that you don't own for the safety of a child?

p.s.
Im asking about laws in the US, btw, but I'm also interested to hear about the laws in the UK and Canada or where ever

If child is in hot car, there's no room for picking, you break the window and get child to safety.. person's insurance can worry about the $100 dollar window repair. period. If someone wants to sue you for saving their kid, then they're a total d1ck and I would hope the judge would side with the person getting sued.

Squelchtone

[Louis_Traum]

So of course in any ordinary circumstance it would be illegal to pop a car lock. What if you found a child locked in a hot car (and apparently forgotten about)? Of course call the police or the fire department, but in the meantime, would it be legal for you to pop the car lock? I mean can you get in trouble for picking a car lock that you don't own for the safety of a child?

p.s.
Im asking about laws in the US, btw, but I'm also interested to hear about the laws in the UK and Canada or where ever

If child is in hot car, there's no room for picking, you break the window and get child to safety.. person's insurance can worry about the $100 dollar window repair. period. If someone wants to sue you for saving their kid, then they're a total d1ck and I would hope the judge would side with the person getting sued.

Squelchtone

I agree but I'm just curious about how it all plays out legally.

[MacGyver101]

P.S. Umm... Good Samaritan Laws do not authorize private citizens to enter or destroy the property of others -- such laws only require that you render aide to those clearly in need AND summon help to the scene and make a report of what you observed to the proper authorities after they arrive on scene before you leave...

That's absolutely true in a lot of jurisdictions, but not all.

In some places (e.g., here in Ontario), general members of the public are not compelled to do anything: morals aside, it's not illegal to be an inhumane jerk and watch someone die. If, however, I do choose to get involved, the Good Samaritan law protects me from being sued... even to the point where I can break your car window, so long as I'm acting in the good-faith belief that when I'm doing is necessary to help someone whose life is in danger:

Protection from liability 2. (1) Despite the rules of common law, a person described in subsection (2) who voluntarily and without reasonable expectation of compensation or reward provides the services described in that subsection is not liable for damages that result from the person's negligence in acting or failing to act while providing the services, unless it is established that the damages were caused by the gross negligence of the person. 2001, c. 2, s. 2 (1).