Full Statute Name:  West's Vermont Statutes Annotated. Title Twelve. Court Procedure. Part 9. Particular Proceedings. Chapter 201. Immunity from Liability. § 5784. Forcible entry of motor vehicle to remove unattended child or animal

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Primary Citation:  12 V.S.A. § 5784 Country of Origin:  United States Last Checked:  January, 2024 Alternate Citation:  VT ST T. 12 § 5784 Date Adopted:  2016 Historical: 
Summary: This Vermont law, enacted in 2016, provides that any person who forcibly enter a motor vehicle for the purpose of removing a child or animal from the motor vehicle shall not be subject to civil liability for damages arising from the forcible entry if certain steps are followed.

A person who forcibly enters a motor vehicle for the purpose of removing a child or animal from the motor vehicle shall not be subject to civil liability for damages arising from the forcible entry if the person:

(1) determines the motor vehicle is locked or there is otherwise no reasonable method for the child or animal to exit the vehicle;

(2) reasonably and in good faith believes that forcible entry into the motor vehicle is necessary because the child or animal is in imminent danger of harm;

(3) notifies local law enforcement, fire department, or a 911 operator prior to forcibly entering the vehicle;

(4) remains with the child or animal in a safe location reasonably close to the motor vehicle until a law enforcement, fire, or other emergency responder arrives;

(5) places a notice on the vehicle that the authorities have been notified and specifying the location of the child or animal; and

(6) uses no more force to enter the vehicle and remove the child or animal than necessary under the circumstances.

Credits

2015, Adj. Sess., No. 147, § 24, eff. July 1, 2016.

 

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