§ 34-30-30-3 — Entering motor vehicle to remove domestic animal; partial liability for damage; conditions for partial immunity; persons not liable

Indiana § 34-30-30-3

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 30: IMMUNITY FROM CIVIL LIABILITY
• Ch. 30: Immunity for Removing a Domestic Animal From a

Text

(a) Except as provided in subsection (c), a
person who forcibly enters a motor vehicle to remove a domestic
animal from the motor vehicle:
(1) is liable to the owner or lessee of the motor vehicle for
one-half (1/2) of the cost of repairing the damage to the motor
vehicle directly caused by the person's forcible entry, unless the
owner or lessee of the motor vehicle waives the person's liability
under this subdivision; and
(2) is immune from any other criminal or civil liability for other
property damage resulting from the person's forcible entry of the
motor vehicle;
if all the conditions set forth in subsection (b) are satisfied.
(b) For subsection (a)(1) and (a)(2) to apply to a person who forcibly
enters a motor vehicle to remove a domestic animal from the motor
vehicle, all the following conditions must be satisfied:
(1) A domestic animal must be present in the enclosed space of
the motor vehicle, and the person must reasonably believe that the
domestic animal is in imminent danger of suffering serious bodily
harm if the domestic animal remains in the motor vehicle.
(2) The person must determine that:
(A) the motor vehicle is locked; and
(B) forcible entry of the motor vehicle is necessary to remove
the domestic animal from the motor vehicle.
(3) The person must call telephone number 911 or otherwise
attempt to contact:
(A) a law enforcement officer;
(B) a firefighter;
(C) an animal control officer; or
(D) another emergency responder;
before the person forcibly enters the motor vehicle.
(4) The person must use no more force than is reasonably
necessary to enter the motor vehicle and remove the domestic
animal from the motor vehicle.
(5) The person must remain with the domestic animal until a law
enforcement officer, firefighter, animal control officer, or other
emergency responder arrives at the scene.
(c) If any of the following persons, acting in the course and scope of
the person's employment, forcibly enters a motor vehicle to remove a
domestic animal from the motor vehicle, the person is not liable for the
cost of repairing damage to the motor vehicle caused by the person's
forcible entry:
(1) A law enforcement officer.
(2) A firefighter.
(3) A government officer or employee whose primary duty is to
ensure public safety.
(4) An emergency responder other than those identified in
subdivisions (1) through (3).
(5) An animal control officer.
(6) A veterinarian who is licensed or otherwise authorized to
practice veterinary medicine in Indiana under IC 25-38.1-3.
(7) A veterinary assistant, as defined in IC 25-38.1-1-14.7.
For the purposes of this subsection, a law enforcement officer may be
considered to be acting in the course and scope of the law enforcement
officer's employment even if the law enforcement officer is off duty.

Legislative History

As added by P.L.186-2017, SEC.4.