When Is It Illegal to Leave a Child in the Car?

A Guide for Parents, Guardians, and Families With Children

As absurd as it may seem, even amazing parents could unexpectedly leave their child unattended. During a hectic day, it isn’t impossible to think that a parent could accidentally leave their child in a car. However, the reasons behind leaving a child unattended in a vehicle differ depending on the circumstances. Sometimes, it may be something like forgetfulness due to a change in routine or inattentiveness due to sleep deprivation or stress.

Either way, children are often put into unnecessarily risky situations by those who are supposed to keep them safe. Children left in a parked car unattended are more susceptible to danger. Unfortunately, it is not uncommon despite what some people may believe. In fact, the National Safety Council (NSC) reports that each year, heat stroke claims the lives of 38 children under the age of 15 who are left alone in cars.

Top Reasons Children Are Forgotten Inside the Car

Parents who don’t normally drop their child off at daycare before work are more likely to forget them. However, there are a many reasons why children are forgotten inside cars. The following circumstances make it more likely to accidentally leave a child in a parked car unattended:

What Might Happen if Parents Leave Kids in the Car?

Regardless of the law, there is a significant risk when parents leave children in the car unattended. It will never be advisable, even if parents are just off to run errands and do chores around town. Unattended children can potentially get harmed or harm themselves, even in a locked car.

Experts state that leaving a child alone in a parked car is never safe, not even for a moment. Aside from being detrimental to a child’s health, the following are a few dangers caused by leaving kids in a car:

Children can get into accidents.

Children can get injuries in accidents when left in the car unattended. They may also accidentally move the car or become trapped in the motor vehicle.

Children can eventually asphyxiate.

Asphyxia can occur in a confined space like a hot car due to the increase in humidity and decrease in airflow.

Children might experience heat stroke in the summer.

Children become dehydrated easily due to quick fluid loss in a hot car, which can impact their health. Unattended children may experience potentially fatal heat stroke as a result of high body temperature.

Children might suffer from hypothermia in cold weather:

When left in a car during cold weather, children may suffer hypothermia due to a drop in body temperature.

Strangers can pose threats to kids left alone in cars:

Unsupervised children may be kidnapped or injured by strangers breaking into the parked car.

Death can happen.

Aside from all these significant risks and safety hazards, fatalities may also occur in some circumstances.

Can You Lawfully Leave a Child Unattended in a Running Vehicle?

One may ask, “When is it legal to leave a child in the car?” The answer is “never” in a lot of states. State laws vary in terms of prohibiting leaving a child unattended in a car.

In Michigan, however, the legality of a situation can vary. This depends on the child’s age and whether conditions present an unreasonable risk of harm or injury to them. Generally, it is against the law to leave children under the age of six alone in a car for any period of time if there is significant risk present. This applies to both running vehicles (when the vehicle’s engine is on) and parked cars.

Can You Be Held Liable for Leaving Children in the Car Unattended?

Yes, you can. If you leave unattended children in a motor vehicle, you could face charges or go to jail. You may face charges of child abuse, neglect, or endangerment, depending on the situation. Based on Michigan hot car laws, you can get a felony if an unattended child dies in a hot car. This is also applicable when a child’s health is severely affected.

The presence of an “unreasonable risk of harm or injury for the child” can be used to decide if it is illegal to leave a child unattended in a vehicle. Sadly, the statute doesn’t specify what exactly qualifies as an “unreasonable risk of harm or injury.” To be safe, it is recommended that leaving children in cars be avoided instead.

What Is the Penalty for Leaving a Child Alone in a Vehicle?

It is against the law in Michigan to leave a child under the age of six unattended in a motor vehicle. Leaving a child unsupervised in a car can result in at least a misdemeanor or, at worst, a felony. The following are penalties for leaving a child unsupervised in a car in Michigan state law:

The adult in question may also be charged with criminal charges such as child abuse, child negligence, or child endangerment, depending on the situation and effect on the child’s health.

New Technologies to Detect Kids Left in Hot Cars

Contact a Personal Injury Lawyer Today.

Worst-case scenarios could take place when parents leave kids in hot cars. If you are a parent or a legal guardian of a child who suffered a wrongful death due to another person’s negligence, you could be entitled to recover damages for a wrongful death. Get in touch with the personal injury attorneys at The Clark Law Office! When it comes to wrongful death lawsuits and other matters, our attorneys have years of experience in law.

Each case is unique, but we can help you. You can schedule a meeting with one of our attorneys to discuss the particulars of your situation. We at The Clark Law Office will make sure that you receive guidance on the best course of action to take. For a free consultation, contact us today!