§1738.1. Immunity from liability; gratuitous emergency care to domestic animal
A. There shall be no liability on the part of a person for property damage or trespass
to a motor vehicle, if the damage was caused while the person was rescuing an animal in
distress as provided in this Section. The immunity from liability for property damage to a
motor vehicle as provided herein does not affect a person's liability for bodily injury suffered
by the animal while the person was rescuing the animal.
B. The immunity provided by Subsection A of this Section shall apply only if the
person:
(1) Makes a good-faith attempt, based on the circumstances known to the person at
the time, to locate the owner of the motor vehicle before entering, forcibly or otherwise, the
vehicle.
(2) Contacts the local law enforcement agency, the fire department, animal control,
or the 911 emergency operator before entering the motor vehicle forcibly or otherwise.
(3) Determines the motor vehicle is locked and has a good-faith belief that there are
no other reasonable means for the animal to be removed from the vehicle.
(4) Believes that removal of the animal from the motor vehicle is necessary because
the animal is in imminent danger of death.
(5) Uses force that was reasonably necessary under the circumstances to enter the
motor vehicle to rescue the animal.
(6) Places a notice on the windshield of the motor vehicle providing details of the
person's contact information, the reason the entry was made, the location of the animal, and
notice that the proper authorities have been notified.
(7) Remains with the animal in a safe location, out of the elements of nature but
reasonably close to the motor vehicle, until emergency responders from law enforcement,
fire, or animal control arrive, unless the person cannot remain with the animal, in which case
the person shall notify the local law enforcement agency, the fire department, animal control,
or the 911 emergency operator, as applicable, before leaving the motor vehicle, and shall then
take the animal to the closest shelter, as applicable.
C. As used in this Section:
(1) "Animal" means any cat or dog kept for pleasure, companionship, or other
purposes that are not purely commercial.
(2) "In distress" means any condition that endangers the health or well-being of an
animal due to heat, cold, or lack of adequate ventilation or any other circumstances that could
reasonably be expected to cause suffering, disability, or death.
(3) "Unattended" means an animal who has been left in a motor vehicle when the
driver or operator of the vehicle is more than thirty feet from the vehicle or cannot be
contacted by verbally calling out for the owner of the vehicle.
Acts 2018, No. 360, §1.