(a) As used in this section, the following terms shall have the following meanings:
(1) INCAPACITATED PERSON. A person as defined in Section 26-2A-20.
(2) MOTOR VEHICLE. A motor vehicle as defined in Section 32-1-1.1.
(b) A person who enters a motor vehicle by force or otherwise, for the purpose of removing a child or an incapacitated person from the vehicle shall be immune from civil liability for damage to the motor vehicle if the person meets all of the following requirements:
(1) Determines the motor vehicle is locked or there is otherwise no reasonable method for the child or incapacitated person to exit the motor vehicle without assistance.
(2) Has a good faith and reasonable belief, based upon the known circumstances, that entry into the motor vehicle is necessary because the child or incapacitated person is in imminent danger of suffering harm.
(3) Ensures that law enforcement is notified or 911 called before entering the motor vehicle or immediately thereafter.
(4) Uses no more force to enter the motor vehicle and remove the child or incapacitated person than is necessary.
(5) Remains with the child or incapacitated person in a safe location in reasonable proximity to the motor vehicle until law enforcement or other first responders arrive.
Last modified: May 3, 2021