A dog is locked in a blistering hot car and there’s little time to act – what can you legally do?
Unfortunately, there is no real clear answer and it really depends on what state you live in. Actually, only 22 states have statutes that either prohibit leaving an animal in confined vehicle or provide civil immunity (protection from being sued) for a person who rescues an animal from a vehicle under certain conditions.
You may want to contact your local police department to be certain.
Before committing to breaking a window, here are a few things to consider before taking action:
- How much distress is the dog experiencing?
- Is there time to call police and let them handle the situation?
- Can you quickly find the owner to unlock the car?
- Is it reasonable to believe the dog will die if you don’t break the window?
No matter what you decide to do, you should always contact the police to inform them of the situation, since the law isn’t black and white on this.
Unfortunately we live a world where good samaritan’s don’t always end up being heroes.
Would you help an animal locked in a hot car?
Some states like Arizona have what’s called the “necessity defense”. This is where police weigh the value of the window versus the benefit of saving an animal’s life.
The necessity law states that if a reasonable person would agree that breaking the window was the best way to save the dog, then taking action would generally be justified.
Since the death of the dog happened in Arizona, Phoenix defense attorney Russ Richelsoph, attempted to offer some answers to that question. “You should really call the police or call the fire department before you do it,” said Richelsoph.
Even if you live outside of Arizona, his answers are likely good guidelines to follow in any state.
What would you do? Leave a comment below.
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