Is it legal to save a baby, pet stuck in a hot car in Kansas?
TOPEKA (KSNT) – Seeing a pet or infant suffering inside of a hot car may make you feel helpless. However, Kansas law does offer some protections for those trying to make a rescue.
27 News checked with the Kansas Office of Revisor of Statutes to learn what state law has to say regarding situations where a passerby might see a pet or person stuck inside of a hot vehicle or enduring some of life-threatening circumstance. K.S.A. 60-5401, “immunity for damage to motor vehicle,” lays out these protections.
The law safeguards two categories for “domestic animal” and “vulnerable person.” The first category means any dog, cat or other domestic animal that could be kept as a household pet. The second category includes adults who’s ability to participate in normal daily activities is impaired or minors. The law does not include protections for animals like livestock.
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People who enter a vehicle, using force or some other method, for the explicit purpose of removing a vulnerable person or pet is declared immune from civil liability for any damage caused to the vehicle under this law. This only applies if the person meets five other qualifiers, including:
If the person finds the vehicle is locked or there is otherwise no reasonable way for the vulnerable person or animal to exit the vehicle without help.
If the person has a good faith and reasonable belief, based on current circumstances, that entering the vehicle is necessary as the vulnerable person or pet is in imminent danger of suffering harm.
Call 911 or contact local law enforcement prior to entering the vehicle or immediately after.
Only use enough necessary force to enter the vehicle and remove the individual or animal.
Remain with the vulnerable person or pet in a safe spot near the vehicle until law enforcement or a first responder arrives.
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Kansas is not alone in offering protections for people making attempts to save those who may be in danger inside a vehicle. A study conducted in 2023 by Michigan State University names 31 states in total which either prohibit leaving an animal in a confined vehicle under dangerous conditions or provide some other protection from being sued for people who make a rescue of an animal in distress.
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