§ 8340.3. Rescue from motor vehicle.

556 words·~3 min read·/pa/title-42/chapter-83/8340-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Rescue of individual.-- No person shall be liable for damage to a motor vehicle or the contents thereof caused by entry into the motor vehicle for the purpose of removing an individual from the motor vehicle, if the person:

(1)Has a good faith, reasonable belief that the individual is in imminent danger of suffering harm if not immediately removed from the motor vehicle.

(2)Determines that the individual is unable to exit the motor vehicle without assistance.

(3)Makes a reasonable effort to locate the driver of the motor vehicle and to contact law enforcement, a fire department or other emergency responder prior to entry. If the driver is not located and such contact is not possible prior to entering the motor vehicle, the person shall contact law enforcement, a fire department or other emergency responder as soon as reasonably possible after entering the motor vehicle.

(4)Uses no more force than necessary under the circumstances to enter the motor vehicle.

(5)Makes a good faith effort to leave notice on or in the motor vehicle stating the reason the entry was made, the location of the individual who was removed from the motor vehicle and, if possible, identifying the police or fire department or other emergency responder that is expected to respond.

(6)Remains with the individual in a safe location until law enforcement or emergency responders arrive.

(b)Rescue of dog or cat.-- No law enforcement officer, animal control officer, humane society police officer or emergency responder, or the employer of a law enforcement officer, humane society police officer or emergency responder, shall be liable for damage to a motor vehicle or the contents thereof caused by entry into the motor vehicle for the purpose of removing a dog or cat, if the law enforcement officer, humane society police officer or emergency responder does all of the following:

(1)Has a good-faith, reasonable belief that the dog or cat is in imminent danger of suffering harm if not immediately removed from the motor vehicle.

(2)Makes a reasonable effort to locate the driver of the motor vehicle prior to entry.

(3)Takes reasonable steps to ensure or restore the well-being of the dog or cat.

(4)Uses no more force than necessary under the circumstances to enter the motor vehicle.

(5)Leaves notice on or in the motor vehicle stating the reason entry was made, the name of the person and of the person's employer, a telephone number and, if possible, the location where the dog or cat may be retrieved.

(c)Limitation.-- A person shall not be immune from civil liability for damage resulting from the entry if the person's actions constitute gross negligence, recklessness or willful or wanton misconduct.

42c8340.3v

(Oct. 24, 2018, P.L.685, No.104, eff. 60 days; May 15, 2019, P.L.27, No.5, eff. 60 days)

42c8340.11h

SUBCHAPTER C.1

PROTECTED PUBLIC EXPRESSION

Sec.

8340.11. Short title of subchapter.

8340.12. Declaration of policy.

8340.13. Definitions.

8340.14. Scope of subchapter.

8340.15. Grant of immunity.

8340.16. Pretrial motion.

8340.17. Interlocutory appeal.

8340.18. Awards.

Enactment. Subchapter C.1 was added July 17, 2024, P.L.836, No.72, effective immediately unless otherwise noted.

Special Provisions in Appendix. See sections 5 and 6 of Act 72 of 2024 in the appendix to this title for special provisions relating to application of law.

42c8340.11s