2018 Louisiana Laws
Revised Statutes
TITLE 37 - Professions and Occupations
RS 37:1738 - Immunity from liability; gratuitous emergency care to minor
§1738. Immunity from liability; gratuitous emergency care to minor
A. There shall be no liability on the part of a person for property damage or trespass to a motor vehicle, if the damage was caused while the person was rescuing a minor in distress from a locked motor vehicle as provided in this Section. The immunity from liability for property damage to a motor vehicle as provided herein does not affect a person's liability for bodily injury suffered by the minor while the person was rescuing the minor. There shall be no liability on the part of the owner of the vehicle for any conduct that might otherwise be actionable in defending his vehicle.
B. The immunity provided by Subsection A of this Section shall apply only if the person:
(1) Makes a good-faith attempt, based on the circumstances known to the person at the time, to locate the owner of the motor vehicle before entering, forcibly or otherwise, the vehicle.
(2) Contacts the local law enforcement agency, the fire department, or the 911 emergency operator before entering the motor vehicle forcibly or otherwise.
(3) Determines the motor vehicle is locked and has a good-faith belief that there are no other reasonable means for the minor to be removed from the vehicle.
(4) Believes that removal of the minor from the motor vehicle is necessary because the minor is in imminent danger of suffering harm.
(5) Uses force that was reasonably necessary under the circumstances to enter the motor vehicle to rescue the minor.
(6) Places a notice on the windshield of the motor vehicle providing details of the person's contact information, the reason the entry was made, the location of the minor, and notice that the proper authorities have been notified.
(7) Remains with the minor in a safe location, out of the elements of nature but reasonably close to the motor vehicle, until emergency responders from law enforcement, or fire, arrive, unless the person cannot remain with the minor, in which case the person shall notify the local law enforcement agency, the fire department, or the 911 emergency operator, as applicable, before leaving the motor vehicle, and shall then take the minor to the closest police station, or hospital, as applicable.
C. As used in this Section:
(1) "In distress" means any condition that endangers the health or well-being of a minor due to heat, cold, lack of adequate ventilation, or any other circumstances that could reasonably be expected to cause suffering, disability, or death.
(2) "Minor" means a person who has not reached the age of eighteen.
(3) "Unattended" means a minor who has been left in a motor vehicle when the driver or operator of the vehicle is more than ten feet from the vehicle and unable to continuously observe the minor.
Acts 2018, No. 360, §1.
