Bill Text: WV SB184 | 2020 | Regular Session | Introduced
Bill Title: Providing protection from civil liability for certain individuals rescuing animals locked in unattended vehicles
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-01-09 - To Judiciary [SB184 Detail]
Download: West_Virginia-2020-SB184-Introduced.html
WEST virginia legislature
2020 regular session
Introduced
Senate Bill 184
By Senator Weld
[Introduced January 9, 2020; referred
to the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-19-1, relating to providing protection from civil liability for certain individuals for damage to an owner’s motor vehicle when removing a domesticated animal from the locked and/or unattended motor vehicle under certain circumstances.
Be it enacted by the Legislature of West Virginia:
Article 19. Good Samaritan protection when rescuing pet.
§55-19-1. Protection from civil liability when removing domesticated animal from unattended motor vehicle.
(a) A person who uses reasonable force to enter a locked and/or unattended motor vehicle to remove a domesticated animal from a motor vehicle is not liable for damages in a civil action if all of the following conditions have been met:
(1) The person has a good faith belief that the confined domesticated animal is in imminent danger of suffering physical injury or death unless the domesticated 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 domesticated animal from the vehicle;
(3) Before entering the motor vehicle, the person notifies one of the individuals identified in §55-19-1(b) of this code of the confined domesticated animal;
(4) The person does not use more force than is necessary under the circumstances to enter the motor vehicle and remove the domesticated animal from the vehicle;
(5) The person remains with the domesticated animal in a safe location, but within the proximity of the motor vehicle until emergency responders arrive; and
(6) The person immediately turns the domesticated animal over to an individual identified in §55-19-1(b) of this code.
(b) The following individuals are not liable to the owner of a motor vehicle in a civil action for any damages to the owner’s motor vehicle, if when acting in the course of their employment they take all steps that are reasonably necessary to remove a domesticated animal from a locked and/or unattended motor vehicle if the animal’s safety, health or well-being appears to be in immediate danger from heat, cold or lack of adequate ventilation and the conditions could reasonably be expected to cause extreme suffering or death:
(1) Law-enforcement officer;
(2) Humane agent;
(3) Animal control officer;
(4) Firefighter;
(5) Emergency responder;
(6) Licensed security guard; or
(7) Veterinarian or veterinary assistant.
(c) Any individual acting pursuant to §55-19-1(b) of this code who removes and takes custody of a domesticated animal pursuant to §55-19-1(a) of this code must leave written notice bearing his or her name, title, telephone number and address of the location where the domesticated animal may be claimed.
NOTE: The purpose of this bill is to provide protection from civil liability for certain individuals for damages to an owner's motor vehicle, when removing a domesticated animal from the locked and/or unattended motor vehicle, under certain circumstances.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
