Fitzgibbons Law Offices - Casa Grande and Maricopa Lawyers

520-426-3824

 
 
 

James Sena, Casa Grande Criminal Attorney

 

Fitzgibbons Law Offices
1115 E. Cottonwood Lane
Suite 150
Casa Grande, AZ 85122

 

 

Civil Liability Protection

April 2018

Rescuing Children and Pets from Locked, Unattended Vehicles

A recent Arizona law provides limited legal protections for a person who breaks into a locked, unattended vehicle to rescue an endangered child or pet.

Seemingly every summer, we hear news accounts of Arizona children and pets that, left in a parked vehicle by an irresponsible adult, succumb to the summer heat. In recent years, such tragedies sparked debates concerning the moral and legal duty of a passerby to rescue a trapped occupant of a vehicle, and the passerby’s liability for property damage caused in performing the rescue.

Those debates have been largely settled with the passage of a 2017 Arizona law (A.R.S. § 12-558.02) that, under certain circumstances, protects average citizens from liability for acting on their own to rescue a minor or a domestic animal. (Under this law, a “domestic animal” is defined as a cat, dog or other animal that is domesticated and being kept as a pet. The definition does not include livestock.)

The new law allows a person to use “reasonable force” to enter a locked, unattended motor vehicle and remove a confined minor child or a domestic animal, if the following conditions are present:

1. The person has a good-faith belief that the confined child or pet is in imminent danger of suffering physical injury or death unless removed from the vehicle.

2. The person determines that the motor vehicle is locked, or there is no reasonable manner (other than using force) for removing the child or pet.

3. Before entering the motor vehicle, the person notifies a peace officer, emergency medical service provider or first responder (or, in the case of a pet, an animal control enforcement agency).

4. The person does not use more force than is necessary under the circumstances to enter the motor vehicle and remove the child or pet.

5. The person remains with the child or pet until the person or agency that is contacted per step 3 above arrives at the motor vehicle.

Finally, the new law’s protection extends only to civil damage claims against people who act within the provisions of the law, as described above. It does not provide a legal claim for people who are injured in the process of rescuing a child or pet, nor does it create legal protections that did not already exist for injuries or claims stemming from incidents subsequent to the rescue.