Kentucky Revised Statutes Title XXXVI. Statutory Actions and Limitations § 411.245. Immunity from liability for damaging a vehicle to remove a minor;  conditions;  limitations

(1)  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.

(2)  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.


FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.