Full Statute Name:  Arizona Revised Statutes Annotated. Title 12. Courts and Civil Proceedings. Chapter 5. Limitations of Actions. Article 3. Personal Actions. § 12-558.02. Limited liability; removing minor or confined animal from motor vehicle; definition

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Primary Citation:  A. R. S. § 12-558.02 Country of Origin:  United States Last Checked:  September, 2019 Alternate Citation:  AZ ST § 12-558.02 Date Adopted:  2017 Historical: 
Summary: This Arizona law insulates a person from liability for civil damages when he or she uses reasonable force to enter a locked and unattended motor vehicle to remove a minor or confined domestic animal if certain factors apply. The person first must determine that the motor vehicle is locked or there is no reasonable manner in which the person can remove the minor or domestic animal from the vehicle. Before entering the vehicle, the person must notify law enforcement or first responders. No more force than is necessary to remove the animal or minor may be used and the person must remain with the minor or domestic animal until first responders arrive. For the purposes of this section, “domestic animal” means a dog, a cat or another animal that is domesticated and kept as a household pet.

A. A person who uses reasonable force to enter a locked and unattended motor vehicle to remove a minor or confined domestic animal is not liable for any damages in a civil action if all of the following apply:

1. The person has a good faith belief that the minor or confined domestic animal is in imminent danger of suffering physical injury or death unless the minor or domestic animal is removed from the motor vehicle.

2. The person determines that the motor vehicle is locked or there is no reasonable manner in which the person can remove the minor or domestic animal from the vehicle.

3. Before entering the motor vehicle, the person notifies a peace officer, emergency medical service provider or first responder or an animal control enforcement agency or deputy, if appropriate, of the minor or confined domestic animal.

4. The person does not use more force than is necessary under the circumstances to enter the motor vehicle and remove the minor or domestic animal from the vehicle.

5. The person remains with the minor or domestic animal until the person who is contacted as prescribed in paragraph 3 of this subsection arrives at the motor vehicle.

B. A person is not immune from civil liability if the person fails to abide by any of the provisions of subsection A of this section and commits any unnecessary or malicious damage to the motor vehicle.

C. For the purposes of this section, “domestic animal” means a dog, a cat or another animal that is domesticated and kept as a household pet.

Credits

Added by Laws 2017, Ch. 301, § 1.

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