Children Left in Hot Cars

Each year in the United States, children die or suffer severe injuries after being left in hot cars. These tragedies are particularly devastating because they are entirely preventable. Even a short time in a parked vehicle can prove fatal for a young child, especially in Tennessee’s hot and humid summers. Whether the child was forgotten, left intentionally, or able to access a vehicle unattended, the consequences can be swift and irreversible. At The Law Offices of John Day, P.C., we represent families in Nashville, Davidson County, Brentwood, Murfreesboro, and across Middle Tennessee who are coping with the aftermath of these heartbreaking events.

Our firm is committed to helping families hold negligent individuals, caregivers, schools, daycares, and other responsible parties accountable when children are left in dangerously hot vehicles. If your child has been harmed in such an incident, or if you are seeking legal guidance after a fatality or serious injury, please call us at (615) 742-4880 for a free, confidential consultation.

The Dangers of Heatstroke in Parked Vehicles

Children are especially vulnerable to heatstroke because their bodies regulate temperature less efficiently than adults. According to national child safety data, the temperature inside a vehicle can rise by 20 degrees within just 10 minutes, even when windows are slightly open. On a 90-degree Tennessee day, the interior of a parked vehicle can reach deadly temperatures in under half an hour. Heatstroke begins when the body temperature reaches 104°F, and death can occur once it rises to 107°F or higher.

Infants and toddlers are most at risk, particularly if they are restrained in a rear-facing car seat where they may be out of sight. When left in a vehicle, they may quickly become unconscious, suffer organ damage, or lose their lives. Survivors may face long-term complications such as brain damage, kidney failure, or permanent physical disabilities.

Legal Responsibilities and Child Endangerment Under Tennessee Law

Tennessee law criminalizes leaving a child unattended in a vehicle under certain conditions. Tennessee Code Annotated § 39-15-401 outlines the general child abuse and neglect statute, which applies when a parent, guardian, or other person knowingly exposes a child to an unreasonable risk of harm. Leaving a child in a hot car can rise to the level of criminal child neglect or even aggravated child abuse if the child is seriously injured or dies.

In addition, Tennessee Code Annotated § 55-10-803 (part of the “Good Samaritan Law”) provides civil immunity to individuals who forcibly enter a vehicle to rescue a child if specific conditions are met. This law is designed to encourage bystanders to intervene without fear of being sued for property damage when saving a child’s life.

Caregivers such as daycare staff, babysitters, school bus drivers, and even teachers may also be liable if they transport or supervise children and fail to follow proper protocols. These parties have a heightened duty of care due to their professional role and are expected to conduct headcounts, follow check-in and check-out procedures, and remain alert to the whereabouts of every child in their custody.

When a caregiver breaches this duty and a child is injured or killed, the family may pursue a civil lawsuit for negligence, wrongful death, or child endangerment. In cases involving licensed childcare facilities, failure to follow state-mandated supervision rules and transportation policies may constitute negligence per se.

Civil Liability in Hot Car Injury and Death Cases

Families whose children have been harmed after being left in a hot car may have a valid personal injury or wrongful death claim under Tennessee law. Civil liability may apply not only to the individual who left the child in the vehicle but also to institutions that failed to implement or enforce safety protocols. These may include daycares, preschools, private schools, afterschool programs, or transportation services.

Under Tennessee’s wrongful death statute, T.C.A. § 20-5-106, surviving parents may recover damages when a child dies as a result of another party’s negligence or misconduct. These damages may include funeral and burial expenses, loss of companionship and affection, emotional distress, and—in appropriate cases—punitive damages to punish and deter grossly reckless behavior.

In cases where the child survives but suffers physical or neurological damage, a personal injury claim may include compensation for medical expenses, future healthcare needs, pain and suffering, and loss of future earning capacity. Tennessee follows the comparative fault system outlined in T.C.A. § 20-1-119, which means a party may still recover damages even if there is shared fault, so long as the responsible party is at least 50 percent liable.

Who Can Be Held Accountable?

Accountability in these cases depends on the facts surrounding the incident. In many cases, the person who left the child in the vehicle may be a parent or close family member. But in other cases, third parties such as daycare employees, transportation providers, or teachers may bear legal responsibility.

Daycare facilities, for example, must comply with strict safety regulations under T.C.A. § 71-3-501 et seq., including child-to-staff ratios, transportation safety protocols, and training requirements. If a facility fails to follow state-mandated headcounts or leaves a child inside a daycare van or bus, they may be held liable for negligence and licensing violations. Facilities that transport children are expected to inspect each vehicle before and after transport and to use sign-in sheets, verification logs, and checklists to ensure no child is left behind.

If the vehicle was operated by a third-party contractor hired by a school or daycare, both the contractor and the hiring institution may be liable. Schools that fail to adequately vet or supervise transportation staff may also be responsible under the theory of negligent hiring or supervision.

In rare cases, liability may also extend to manufacturers if a vehicle safety feature failed to operate correctly. Some modern vehicles include rear seat occupant alerts, but these technologies are not foolproof. If a product defect contributed to the incident, a product liability claim may be appropriate under T.C.A. § 29-28-101 et seq.

Warning Signs and Risk Factors

While most hot car tragedies are accidental, they are not random. Studies show that certain risk factors increase the likelihood of a child being left in a vehicle. Changes in routine, stress, sleep deprivation, and miscommunication between caregivers are among the most common causes. Often, the child is mistakenly believed to have been dropped off at daycare or picked up by another adult.

Other cases involve neglect or deliberate disregard for the child’s safety. Some caregivers intentionally leave a child in the car while they run errands, attend appointments, or return home, underestimating how quickly the vehicle can become dangerously hot. These cases may result in both criminal charges and civil lawsuits.

Children may also gain access to unlocked vehicles while playing outside, especially in driveways or parking lots. When property owners fail to lock parked vehicles or leave keys within reach, liability may arise under Tennessee’s premises liability laws, particularly if the vehicle was knowingly accessible to young children.

Medical Consequences of Heatstroke in Children

The medical consequences of being left in a hot car can be devastating. Heatstroke causes the body’s internal temperature to rise rapidly, overwhelming the child’s ability to cool down through sweating. Once core body temperature exceeds 104°F, cellular damage begins. At 107°F or higher, multiple organ systems may fail, leading to coma or death.

Even in non-fatal cases, prolonged heat exposure can cause serious neurological injuries, including seizures, brain swelling, and cognitive impairment. These children may face lifelong learning disabilities, behavioral issues, mobility challenges, or dependence on assistive care. Medical treatment may include hospitalization, intensive care, and ongoing therapy.

In the aftermath of such injuries, parents face emotional trauma, significant medical costs, lost income, and profound changes to daily life. At The Law Offices of John Day, P.C., we work with pediatric neurologists, life care planners, and psychologists to evaluate the full extent of a child’s injuries and to ensure that any settlement or trial award fully reflects the long-term impact.

Steps to Take After a Child Is Left in a Hot Car

If your child has been left in a hot vehicle, call 911 immediately and seek emergency medical assistance. Time is critical in preventing organ damage and fatal outcomes. Even if the child appears responsive, internal damage may still occur. Follow all medical recommendations and keep detailed records of every doctor visit, test result, and diagnosis.

If the incident involved a daycare, school, or other facility, request a written report of what happened and demand that any security footage or transportation logs be preserved. Take photographs of the vehicle and of any signs of injury or distress. Avoid signing any documents, waivers, or settlement agreements without legal review.

Report the incident to the Tennessee Department of Human Services or Department of Children’s Services if a caregiver was involved. An official investigation may uncover licensing violations, staffing failures, or a pattern of unsafe practices. Do not rely solely on internal investigations conducted by the responsible organization.

Finally, contact a qualified attorney as soon as possible. These cases are often emotionally complex and legally challenging, particularly when criminal and civil liability overlap. At The Law Offices of John Day, P.C., we handle the investigation, communication with agencies, and legal filings so that you can focus on your child’s recovery and well-being.

Why Choose The Law Offices of John Day, P.C.

With offices in Nashville, Brentwood, and Murfreesboro, we proudly serve families throughout Davidson County and Middle Tennessee who are navigating the unimaginable pain of a child left in a hot car. Our attorneys have more than 80 years of combined experience handling child injury and wrongful death cases with skill, empathy, and tenacity.

We take these cases on a contingency fee basis, meaning there is no charge unless we recover compensation for your family. We also advance all litigation costs, and our team includes a full-time nurse to assist with reviewing medical records and coordinating expert testimony.

We believe that children deserve our strongest protection and that families deserve justice when others fail them. Whether your case involves negligence, a daycare’s breach of duty, or a caregiver’s moment of inattention with catastrophic results, we are here to help.

Contact Us Today

If your child has been left in a hot car and suffered injury or death, contact The Law Offices of John Day, P.C. at (615) 742-4880. We offer free, confidential consultations and will help you understand your rights under Tennessee law. From our offices in Brentwood, Nashville, and Murfreesboro, we stand ready to serve families throughout Middle Tennessee in the pursuit of accountability, safety reforms, and meaningful compensation for the harm done.