A morally ambiguous query

[WilsonTrucking]

As I sit here in Tennessee in the sweltering heat a question comes to mind.

As a picker, should you happen across a locked vehicle with a child or animal inside in obvious distress, do you pick the lock or smash the window? As a picker, my thought is to pick, but as the lock isn't mine I question that. Then again, neither is the window. I know calling the police or fire brigade is the standard course of action. I'm referring here to a scenario where immediate action is required to save the life of the child or animal.

[Silverado]

Dial 911, offer assistance, if dispatch asks you to take action then you may do so.
If you are not Law Enforcement or Rescue Services, please do not attempt to act as either in a vigilante manner. Doing that kind of stuff will more than likely land you on the wrong end of a lawsuit or civil suit.

[WilsonTrucking]

I specifically stated that if action was required. That assumes you've been directed to do so. Also, not sure you're aware but 911 doesn't exist everywhere. I know the town I live in has no cell service, and the nearest hospital, police or fire brigade are 20 miles away.

[GWiens2001]

Here in Arizona, the heat in the vehicle can exceed 180 degrees Fahrenheit (82 degrees centigrade) within minutes in the summer. That is hot enough to cook meat - obviously lethal heat levels.

Every year, we have stories in the news of people who have left pets, and even their small children, in the car with the vehicle turned off and the windows rolled up. The children and/or pets die. Some that live are permanently brain damaged from the heat. The parent(s)/owner(s) responsible for leaving the child/pet in the vehicle are usually then prosecuted for something like negligent homicide.

So here, state law is on your side to break the glass to allow the heat to escape, but then you have to call 911. Law does not provide authority for picking the lock. Other states will have different laws.

If you call 911, the first responder, be it police or the fire department, will likely break the window, too. Sort of like parking next to a fire hydrant (illegal in this country) and the fire department shows up to fight an actual fire. Even though they could run their hose around the car, they would instead break the glass on both sides and run their hose through the car. And may not be too worried about preventing water damage when the fire is over and they remove their hose.

Gordon

[gumptrick]

In my opinion if "immediate action is required" I'm going to break a window. Breaking the window works instantly. Who knows how long it might take to pick the lock. I know from personal experience that even "easy locks" can sometimes take a while to get open if you're just plain unlucky, or are making mistakes due to stress. There's no time for that in this case. Not to mention that picking the lock might raise some odd questions that I'd rather not have to deal with. Everyone understands breaking a window in order to save a child's life. And you can bet that 911 will be called so the paramedics can make sure the child is safe while the police can deal with the scumbag "parent(s)" who did this in the first place.

Also, I am not a professional locksmith. I pick locks that belong to me, in the privacy of my own home. I generally don't mess with auto locks. I usually don't carry picks around with me so even though I might know how to pick the lock I probably wouldn't have the tools on hand anyway.

I also must admit that I would have a hard time not choosing the most expensive piece of glass in the car to break, but I'd probably pick the one furthest away from (and thus least likely to cause injury) to the child.

[billdeserthills]

As I sit here in Tennessee in the sweltering heat a question comes to mind.

As a picker, should you happen across a locked vehicle with a child or animal inside in obvious distress, do you pick the lock or smash the window? As a picker, my thought is to pick, but as the lock isn't mine I question that. Then again, neither is the window. I know calling the police or fire brigade is the standard course of action. I'm referring here to a scenario where immediate action is required to save the life of the child or animal.

My choice is neither of those things. Use a car opening tool and avoid the 'post-situation' lawsuit

[gumptrick]

My choice is neither of those things. Use a car opening tool and avoid the 'post-situation' lawsuit

I'm rather curious now if there have ever been any lawsuits about this sort of thing. Is someone honestly going to take a person to court over a $150 window after that person just saved the life of their child? I can't imagine any jury finding a person guilty if they just rescued a child from a hot car.

[demux]

Second what Gordon said, it depends on the law in your area. Here in Indiana, you are allowed to "forcibly enter" a locked car to rescue a stranded pet or child. You are immune from criminal prosecution if you do so, provided you meet a number of requirements (the main one being call law enforcement first and stay on the scene until they arrive), though you may be civilly liable for up to half the cost of repairs to the car. Of course there's no definition of what "forcibly enter" means, though the suggestion is breaking a window. Though I doubt any prosecutor with half a brain would file charges if you picked the lock, shimmed the door, etc. Personally, knowing that I could be liable for half the damages, if I had the tools readily available and was confident in my ability to carry out one of those less-destructive means of entry quickly, I'd probably opt for them knowing that'd cost me less money.

Of course, there's no telling what a prosecutor with less than half a brain might do in that case.

[Robotnik]

Break a window. If the situation's life-threatening, and seconds count, why take any path other than the most expedient?

Most states, if I recall, have safe harbor laws for those taking reasonable action when a child's trapped in a car*. Pets, it can be a gray area.

*I'm not a lawyer. Your mileage may vary

[gumptrick]

This got me interested so I looked it up for my state (Texas).

Here, it is legal to break into a car in order to save a child. You are immune to criminal charges under the state's so-called "good Samaritan" law. However, there is no legal immunity from civil charges. Apparently there is a proposed bill (from this year) that would make one immune from civil charges as well, but it has not been passed into law.

There is no legal protection, as far as I can find, for rescuing a pet from a hot car in Texas, though I did find such laws for some other states.

Despite a lot of talk about people being worried about such lawsuits, I couldn't find even a single example of someone actually having been sued for breaking a window to save a child or a pet.

[mseifert]

No thought process necessary .. Call 911 .. Break Glass.. Every year in Texas children die because they were left in a car in the heat.. I will not hestitate to break a window to help a child lawsuit or not.

[ltdbjd]

In a small claims suit, your damages are limited the cost of the window.

Let me reframe the issue. Your moral dilemma is this:

Do you stand there, looking into that child's eyes through the window and watch her eyes glaze over and her head fall to the side as death overcomes her; simply because there is a slim chance her parents might want you to pay for the window you broke to save their daughters life? Or do you save her life?

Put another way, what's more important to you? $100, or a child's life?

Think about your future. How would feel, for the remainder of your life, knowing that you could have saved a child's life. But you deliberately chose not to because it could have cost you $100? Would there ever be a night when you laid your head down on your pillow and did not see her looking back at you?

Trade places for a moment. If it was your daughter in the car, what choice would you want a bystander to make?

For me, there is no moral ambiguity.

I appreciate you asking the question. I always love to debate ethical issues. I almost went for a Masters degree in Biomedical Ethics. I couldn't justify spending the money for it since there's not a great way to make a living in that field. If I had, my thesis committee would have said I'm smart. Crap, sorry, wrong post.

[jimu57]

In the state on VA you have to be licensed as a locksmith or am owner of tow truck operator business (auto lockout only) thru the Department of Criminal Justice Services. I am in process of locksmith licensing. I helped a lady the other day traveling with 2 cats and a dog that accident locked her car door with the keys inside while pumping gas. I happen to have wedges, air wedge, a home made rod, so I owned her door after others had tried with a coat hanger. Technically I broke the law even without compensation fire owning the door. VA has gotten very strict. But in the rural area where I live, I doubt if I would get in trouble. In fact, there is no locksmith in the county. None!

[femurat]

I almost went for a Masters degree in Biomedical Ethics. I couldn't justify spending the money for it since there's not a great way to make a living in that field. If I had, my thesis committee would have said I'm smart. Crap, sorry, wrong post.

Good one

And good answer to the OP. I consider the dilemma solved.

Cheers

[GWiens2001]

Gordon