Hypothetical situation: You find a child locked in a hot car and the person with the keys cannot be found.?

I believe you would be protected by a "good samaritan" law. I believe most states have them.

Yes, they could sue, and have a chance at winning.

It isn't actually likely, as your actions are defensible, but your attorney could screw it up, or you could get a jury full of people that like roasted infants.

However... being sued for breaking a car window to rescue an infant is a problem I would personally love to have. I'd set up the "Open4One Legal Defense Fund" and go on radio and TV and appeal to the public to contribute to the fund to pay my legal expenses, and any judgment should I lose, with any money left over to go to some appropriate charity.

I'm quite sure that the publicity wouldn't hurt my business any.

Of course! People can sue you or file charges against you for just about anything. I would not think this type of situation would go very far in court, as the owner of the vehicle would probably be very busy defending themselves for the certain child endangerment charges that would be brought against them.

And I would do the exact same thing you describe - in a heartbeat if I saw a kid or a pet in a car on a hot day like that.

Personally I would just call the local police. You could get in trouble for smashing a window on someone's car , even if it IS to save a life... and the poster who said that today's society is outrageously litigious, this is unfortunately WHY i would not smash the window or touch the car for that matter.

Well I am no lawyer but I feel if your stupid enough to lock your kid in a hot car then sue the person that tried to save your kids life than obviously their is some real mental issues going on with that person. I can see someone dumb enough to sue for damages but I would think once any insurance company found out what was the cause to the damage wouldnt go through with it. And if it was brought to court I would think the judge would lock this person up to the crazy farm. I mean come on how can you forget you locked your kid in the dang car. Thats insane in itself.

He could file charges and or sue you. Weather or not he wins depends on the circumstances. Was the kid too young to open the door or roll down the window? Did the kid appear to be suffering? How long was the parent gone for? It would be for the judge to decide.

Like you the child comes first. Plus I think if CPS has any control in the matter. You might just get let off for breaking the window to take the child out. & if charges were placed against me. At least I knew in my heart that I did the right thing in protecting the child, reguardless of the ramafacations of the other matters.

I can't see anyone hesitating to rescue the child. I think the cahnce of the owner suing are slim, but you know there are some who would. I think they would also be charged with neglect, abuse or endangerment and a broken window would be on back burner of concerns, even is they weren't so grateful. Horrid to even think they would not be so grateful they would be wanting to pay you back in some kind of kindness, isn't it? What chances of succeeding? None with a jury. You would be a hero.

this happened to me once believe it or not....i pulled in a parking space, alongside another car with 3 kids in...it was a hot day, and 2 of the kids were asleep, but the baby was crying...

i waited by the car for 15 minutes, luckily a police station was across the road, so i went and got them to come over to the car.

they opened the door with wires and got the kids out..called an ambulance as the 2 other kids had actually passed out with the heat....then the mother came back....face a real picture....she got taken to the police station ! i don't know what happened to her, but she deserves all she got, you wouldn't leave a dog in a car without opening the window would you....

They wouldn't be able to sue you ....they would lose in court, because if you didn't smash the window to get the kid out you would have been committing a crime. The good sumaritan law requires you to help a person in danger when it is reasonable to do so.

The damage to their car would have been considered a result of their own negligence.

For example...if I park my car in front of a fire hydrant, and a fire breaks out... the fire department can legally smash my windows out to run the hose through my car...and they wouldn't be liable for any damage. It was my negligence that created a situation where they had no choice but to smash my window out.

I heard of some one suing, a paramedic for breaking an arm while saving his life, but the men did not win. So yes I think they can sue you for anything now, but they probably will not win, they probable get charge for child endangerment, I will cal the cops and the EMS to make a report.