2016 Kentucky Revised Statutes CHAPTER 411 - RIGHTS OF ACTION AND SURVIVAL OF ACTIONS .245 Immunity from liability for damaging a vehicle to remove a minor -- Conditions -- Limitations.
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411.245 Immunity from liability for damaging a vehicle to remove a minor -Conditions -- Limitations.
(1)
(2)
A person who enters a vehicle, as defined in KRS 503.010, for the purpose of
removing a minor shall be immune from civil liability for any resulting damage
to the vehicle if the person:
(a) Has a reasonable, good faith belief, based upon the circumstances
known to the person at the time, that entry into the vehicle is necessary
because the minor is in imminent danger of physical injury if not
immediately removed from the vehicle;
(b) Has contacted local law enforcement, the local fire department, or a 911
emergency telephone service prior to entering the vehicle;
(c) Uses no more force to enter the vehicle and remove the minor than is
reasonably necessary under the circumstances; and
(d) 1.
Remains with the minor in a safe location, out of the elements but
reasonably close to the vehicle, until law enforcement, firefighters, or
other emergency responders arrive; or
2.
Reasonably determines that emergency conditions require leaving
the scene with the minor, and places written notice on the vehicle
containing:
a.
The person's contact information;
b.
The reason entry into the vehicle was made;
c.
The minor's location; and
d.
Notice that authorities have been contacted.
This section does not limit a person's immunity from civil liability or defenses
established in another section of the Kentucky Revised Statutes or available at
common law.
Effective:April 8, 2016
History: Created 2016 Ky. Acts ch. 52, sec. 1, effective April 8, 2016.
Legislative Research Commission Note (4/8/2016). 2016 Ky. Acts ch. 52, sec. 2
provided that this statute shall be known and may be cited as the "Look Before
You Lock Act."
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