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On April 27, 2012, a new law was adopted in Tennessee by Public Chapter No. 844 that provides civil liability immunity to “first responders” under certain circumstances. This new law is called “Jaclyn’s Law” and can be found in T.C.A. § 29-34-203. This statute provides immunity to first responders from civil liability for forcible entry into a home, business or other structure under specific circumstances specified in the statute. T.C.A. § 29-34-203 provides as follows:
(a) As used in this section, “first responder” means a law-enforcement officer, firefighter, emergency services personnel or other person who responds to calls for emergency assistance from a 911 call.
(b) A first responder and the responder's supervisor, agency, employer or supervising entity is immune from civil liability resulting from a forcible entry of a home, business or other structure if the first responder:
(1) Is responding to a documented 911 call for emergency assistance;
(2) Has made reasonable efforts to summon an occupant of the home, business, or structure that made the call by knocking or otherwise notifying the occupant of the first responder's presence;
(3) Has not received a response from an occupant within a reasonable period of time after making reasonable efforts pursuant to subdivision (b)(2); and
(4) Has a good faith belief that it is necessary to make a forcible entry for the purposes of rendering emergency assistance or preventing imminent bodily harm.
(c) Nothing in this section shall affect the standard of care a first responder must employ when rendering aid after gaining entry.
The reason this law was passed in Tennessee was due to an individual by the name of Jaclyn Alden who was at her home when she called 911 due to an emergency. She could not make it to the door to let the emergency responders into her house. As a result, the emergency responders left the house because there was no response. Ms. Alden ended up dying in her home.
The Tennessee legislature felt there was a gray area in the law as to whether first responders could forcibly enter a home based on a 911 call and this statute is intended to eliminate the gray area that may have existed. As a result, “first responders” can now force entry into a home or business without the fear of being held civilly responsible for any damages or injuries that result from the entry as long as they comply with the specific requirements of the statute. This statute is intended to provide immunity that bars certain civil lawsuits and is important for those handling claims or lawsuits involving police departments, firefighters or emergency medical personnel.
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