Can Parents File a Personal Injury Claim in New Jersey if Their Child Was Left in a Hot Car?

Leaving a child in a hot car, even for a few minutes, can lead to devastating consequences, including severe injuries or even death. While parents are often the primary caregivers responsible for their child’s safety, there are instances where another party—such as a daycare provider, babysitter, or other caregiver—may be liable for such negligence.

If your child suffered harm due to being left in a hot car in New Jersey, you may be wondering if you have legal options. In this blog, we explore New Jersey’s laws on this issue, potential liability, and what steps you can take if your child has suffered due to someone else’s negligence.

Dangers of Leaving a Child in a Hot Car

Many people underestimate just how quickly temperatures inside a vehicle can rise to dangerous levels. Even on a mild 75-degree day, the interior of a car can heat up to over 100 degrees within 20 minutes. On an 85-degree day, the temperature inside a vehicle can reach 119 degrees in just 30 minutes. The greenhouse effect inside a vehicle rapidly intensifies the heat, making it an extremely dangerous environment for young children.

According to the National Highway Traffic Safety Administration (NHTSA), heatstroke begins when a person’s body temperature reaches 104 degrees Fahrenheit. Once the body temperature reaches 107 degrees, the situation becomes fatal.

Infants and young children are particularly vulnerable because their bodies do not regulate temperature as efficiently as adults. This makes them susceptible to severe injury in a short amount of time. Reports from the American Academy of Pediatrics indicate that even cracking the windows open does little to reduce the heat build-up inside a parked car.

In New Jersey, parents, guardians, and caregivers must exercise extreme caution to prevent such tragedies. According to New Jersey’s child endangerment laws (N.J.S.A. 9:6-8.21), leaving a child unattended in a vehicle under dangerous conditions can be considered neglect, which can have both civil and criminal consequences. Negligent parties may be prosecuted for endangerment if their actions place a child in harm’s way, and civil lawsuits may follow if an injury occurs.

What Injuries Can a Child Suffer While Sitting in a Hot Car?

Children are particularly vulnerable to heat-related illnesses because their bodies heat up 3-5 times faster than adults. Even if a child survives being left in a hot car, they may suffer from permanent medical complications. Some of the most common injuries include:

• Heatstroke – This occurs when the body’s temperature regulation system fails, leading to organ failure and death if not treated immediately.
• Dehydration – Severe dehydration can cause kidney damage and cognitive issues in young children. When a child sweats excessively, their body loses critical fluids and electrolytes needed for normal bodily functions.
• Seizures – High temperatures can cause neurological damage and trigger seizures. A heat-induced seizure can result in additional brain injuries and long-term complications.
• Burns – Metal seatbelt buckles, leather seats, and other interior surfaces can reach scalding temperatures, leading to severe burns. This is especially dangerous for young children who may not have the ability to move away from a hot surface.
• Brain damage – Prolonged exposure to extreme heat can cause permanent brain damage, affecting cognitive function and motor skills. Lack of oxygen and high temperatures can result in irreversible harm to brain cells.

Beyond physical injuries, children who survive these incidents may experience long-term psychological trauma. Post-traumatic stress disorder (PTSD), anxiety, and emotional distress are common in survivors of extreme heat exposure.

Can Parents File a Personal Injury Claim?

Yes, parents may have legal options to file a personal injury claim if their child was harmed due to someone else’s negligence. New Jersey law recognizes that caregivers, daycare facilities, schools, and even businesses with childcare services have a duty of care to protect children. If a childcare provider, school, or another responsible party failed to exercise reasonable care, they could be held liable for damages.

Who Can Be Held Liable?

• Daycare centers or schools – If a daycare worker or teacher leaves a child in a vehicle, the facility could be held responsible. Facilities have strict guidelines to follow when caring for children, and failing to account for a child’s whereabouts can be seen as negligence.
• Childcare providers or nannies – Babysitters or nannies who neglect a child’s safety may face legal consequences. Families who hire caregivers should ensure they have the proper credentials and experience.
• Businesses offering childcare services – Certain companies provide on-site childcare and may be liable if negligence occurs. For example, if a childcare facility inside a gym or store fails to follow proper check-out procedures, they could be held responsible for a child left behind in a car.

What Compensation Can You Seek?

If your child was injured due to someone else’s negligence, you may be eligible to pursue compensation for:

• Medical expenses (hospital bills, ongoing treatment, rehabilitation)
• Emotional distress and mental trauma
• Pain and suffering
• Lost wages if you had to take time off work to care for your child

New Jersey law allows parents to file personal injury claims on behalf of their minor children. However, the statute of limitations for personal injury claims in New Jersey is generally two years from the date of injury (N.J.S.A. 2A:14-2). Acting quickly ensures you preserve your legal rights and have ample time to build a strong case.

Notable New Jersey Case: State v. Perez

In State v. Perez (2013), a New Jersey mother was charged with child endangerment after leaving her child in a hot car for over an hour while shopping. While criminal charges were filed, the child’s father later pursued civil damages against the business where the mother had parked, arguing that store employees should have intervened. This case highlighted how third-party negligence can sometimes contribute to child endangerment cases.

Want to File a Personal Injury Claim? Consult with Our Experienced Attorney!

If your child suffered harm due to being left in a hot car in New Jersey, it is crucial to act fast. At Rosengard Law Group, we understand the pain and distress such incidents cause, and we are here to help you seek justice.

Our experienced personal injury attorneys will:

• Assess the details of your case during a free consultation
• Investigate potential liability and identify responsible parties
• Help you file a personal injury claim and fight for maximum compensation

If you suspect negligence played a role in your child’s injuries, don’t wait. The longer you delay, the harder it may be to gather evidence and prove liability. Our firm has a strong track record of helping families recover financial damages while holding negligent parties accountable.

To discuss your case and explore your legal options, contact Rosengard Law Group today at (856) 284-6446 or visit our website.