Child Passenger Safety Technician Liability Law
(G.S. 20-137.5)
For the text of this law, click here to download a PDF version from the NC General Assembly website.
Each year, around 120,000 babies are born in NC, all requiring car seats. Certified Child Passenger Safety (CPS) Technicians are needed to provide education and training to parents and other caregivers who transport young children to enable them properly install and use child restraints for their children. “Good Samaritan” protection has been provided by the State of North Carolina for those volunteer CPS technicians who provide this important service but who may not be covered by liability insurance through their employer, sponsoring organization or through individual liability coverage.
The NC CPS Technician Liability Law covers currently certified Child Passenger Safety Technicians or Technician Instructors and sponsoring organizations that offer nonprofit car seat educational programs or events using certified CPS Technicians or own property on which a nonprofit car seat educational event or program is held.
Intent of the CPS Technician Liability Law:
The Child Passenger Safety Technician Liability Law provides that a certified child passenger safety technician or sponsoring organization will not be liable as a result of:
- Any act or omission occurring solely in the inspection, installation, or adjustment of a child safety seat, or
- In providing education regarding the installation or adjustment of a child safety seat if the certified technician or sponsoring organization acts in good faith and within the scope of the training for which the technician is currently certified, and the service is provided without fee or charge other than reimbursement for expenses.
This law defines a Certified Child Passenger Safety Technician as being an individual who successfully completes and maintains a current child passenger safety technician or technician instructor certification through the current certifying body for the National Child Passenger Safety Training Program as designated by the National Highway Traffic Safety Administration. The current certifying body is Safe Kids Worldwide.
A CPS Technician can receive compensation from a sponsoring organization or his or her employer and still be covered under this law as long as the service is not provided in conjunction with the for-profit sale of a child safety seat and as long as the service is provided without fee or charge other than reimbursement for expenses.
A sponsoring organization is defined as a person or organization other than a manufacturer of child safety seats that either 1) offers or arranges a nonprofit child safety seat educational program or event using certified technicians, or 2) owns property on which a nonprofit child safety seat educational program or event is held.
Exceptions to the Limitations of Liability:
The limitation on liability shall not apply under any of the following conditions:
- The act or omission of the certified child passenger safety technician or sponsoring organization constitutes willful or wanton misconduct or gross negligence.
- The inspection, installation, or adjustment of a child safety seat or education provided regarding the installation or adjustment of a child safety seat is in conjunction with the for-profit sale of a child safety seat.
