New Jersey Statutes 2A:62A-35. Immunity from liability for property damages for entering a motor vehicle to remove an unattended, unsupervised child
Terms Used In New Jersey Statutes 2A:62A-35
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
b. The provisions of subsection a. of this section shall apply if the person:
(1) determines that the motor vehicle is locked or there is no reasonable method to remove a child from the vehicle;
(2) has a reasonable good faith belief that forcible entry into the motor vehicle is necessary because the child is in imminent danger of death or serious bodily injury if not immediately removed from the vehicle;
(3) contacts the local law enforcement agency, the fire department, emergency medical services personnel, or 9-1-1 emergency telephone service for assistance prior to forcibly entering the motor vehicle for purposes of removing the child;
(4) places written notification on the motor vehicle’s windshield with the person’s contact information, reason why entry into the vehicle was made, the location of the child, and that law enforcement, the fire department, emergency medical services personnel, or 9-1-1 emergency telephone service has been contacted;
(5) remains with the child in a safe location reasonably close to the motor vehicle until local law enforcement, the fire department, or emergency medical personnel arrives;
(6) uses no more force than is necessary to enter and remove the child from the motor vehicle; and
(7) attempts to render aid to the child in addition to the assistance authorized pursuant to this act.
L.2017, c.373, s.1.