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Legislative Update

Immunity for rescuing an animal from a motor vehicle

March 31, 2017 Filed Under: Civil

The Senate Civil Law Committee heard HB 1085, sponsored by Sen. Hershman and Sen. Cook, on immunity for rescuing an animal from a motor vehicle. The bill provides that a person who removes a domestic animal from a motor vehicle is immune from civil liability for any property damage resulting from the person’s forcible entry of the motor vehicle to remove the animal if the person reasonably believes that the animal is in imminent danger of suffering serious bodily harm, dials 911 or otherwise attempts to contact a law enforcement officer or other emergency responder, uses no more force than the person reasonably believes necessary to enter the vehicle and remove the animal, and remains with the animal until a law enforcement officer or other emergency responder arrives.
Representatives of the ASPCA and the Humane Society testified in favor of the bill. Sen. Head introduced amendments that were adopted by consent giving criminal immunity for breaking the window, adding that unless the window is broken by a law enforcement officer, the fire department, or animal control officer, the person who broke the window pays the cost of repair. The bill was also amended to give the animal owner civil immunity if the animal bites the rescuer. The amended bill passed 6-0.
Read the bill at: https://iga.in.gov/legislative/2017/bills/house/1085

Filed Under: Civil Tagged With: immunity

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