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Emergency Law Inventory | Full Law Text

Law Number

N.C. Gen. Stat. 1-539.27

Summary Title

Liability: Entering Vehicle to Provide Assistance

Summary

An individual who, in good faith, attempts to provide medical care or other assistance to another by entering a railroad car, motor vehicle, trailer, aircraft, or boat, will not be held legally responsible for any damage to the vehicle that was necessary to gain access to the person needing assistance. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.

Full Title

Immunity from civil liability for damage to railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft necessary for assistance

Full Text

Any person who enters or attempts to enter any railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind shall not be liable in civil damages for any damage to the railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind if one or more of the following circumstances exist: (1) The person acts in good faith to access a person inside the railroad car, motor vehicle, trailer, aircraft, boat, or watercraft of any kind in order to provide first aid or emergency health care treatment or because the person inside is, or is in imminent danger of becoming unconscious, ill, or injured. (2) It is reasonably apparent that the circumstances require prompt decisions and actions in medical care, other health care, or other assistance. (3) The necessity of immediate health care treatment or removal of the person from the railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind is so reasonably apparent that any delay in the rendering of treatment or removal would seriously worsen the physical condition or endanger the life of the person. This section shall not apply to any acts of gross negligence, wanton conduct, or intentional wrongdoing.

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