Planned Development Services

School is out and Valley temperatures are already up over the hundred mark. Ready or not, it’s time for another hot Phoenix summer. That may actually sound fun if your HOA has a pool (and maybe a splash pad for the kids), but it also brings with it increased danger of heat-related injuries/deaths..

In 2017, the Arizona state legislature passed HB2494, a bill aimed at reducing hot car deaths and at saving children and pets. Because of this important legislation, “good Samaritans” who rescue pets or children left in a potentially dangerous vehicle are protected from civil liability.

There are, of course, certain conditions that must be met in order to qualify for protection from any liability that could result from a rescue.

The Arizona Humane Society has provided a clear summary of the conditions you’ll need to satisfy should you come across such a situation. The legal protections apply when:

1. The rescuer has a good-faith belief that the confined child or pet is in imminent danger of suffering physical injury or death unless they are removed from the vehicle.
2. The rescuer determines the car is locked or there is no reasonable manner in which the person can remove the child or pet.
3. Before entering the vehicle, the rescuer notifies the proper authorities.
4. The rescuer does not use more force than is necessary under the circumstances to enter the vehicle.
5. The rescuer remains with the child or pet until the authorities arrive.

So, this means that if you come across a child, dog, or other animal locked inside a car in a parking lot, on the street, or in a driveway and you choose to intervene, you need to make sure they are really in danger, that they can’t be let out without damaging the vehicle, and that there is no parent or owner nearby. At that point, you’ll need to call 911 or contact another eligible authority (a peace officer, deputy, first responder, or animal control) to report the situation.

Contacting the appropriate authorities is required, but it can also be an opportunity for the authorities to provide you with the best options for extracting the child or animal from the vehicle. They can also let you know how soon they will arrive since you will need to wait for them regardless of what action you take.

As temperatures continue to rise, this is a great topic to bring up at your next HOA board meeting and circulate through HOA websites or in your newsletter. Knowing that there is protection from civil liability can make a difference when someone is weighing whether or not to do a good deed, but, promoting awareness in our communities about the extreme risks of hot vehicles in Arizona’s sun can help reduce the need for anyone to do any rescuing in the first place.

Let’s all do our part to ensure a safe and happy summer in the Valley of the Sun!