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Can you legally break into a hot car to save a dog in Indiana? What about a child?

Portrait of Jade Jackson Jade Jackson
Indianapolis Star

It is a scenario that you hope won't happen, but could.

You are walking past a car when you notice a dog inside with no AC.

You look around and do not see anyone who may be the owner of the vehicle. In the sweltering summer heat, you worry that the dog could die from being in the vehicle. The door handles are locked and you wonder if you should break the windows, but is this legal?

Yes, actually:It's legal in Indiana to rescue kids and pets trapped in hot cars

Every year, hundreds of pets die from heat exhaustion because they are left in parked vehicles, according to the American Veterinarian Medical Association. The temperature inside a vehicle can rise almost 20º F in just 10 minutes, and almost 30º F in 20 minutes. The longer a pet is inside a car turned off in the heat, the higher it goes.

At one hour, your vehicle's inside temperature can be more than 40 degrees higher than the outside temperature. Even on a 70-degree day, that's 110 degrees inside a car.

It is legal, but here's the thing...

It may just cost you to bust that window.

Indiana law states that a person who forcibly enters a vehicle to remove a domestic animal is responsible for half of the cost of repairing the vehicle damage directly caused by the person's forcible entry if certain criteria aren't met.

You have to reasonably believe that the dog is in imminent danger of dying or suffering serious harm, use no more force than needed and determine that the vehicle is indeed locked so forcible entry is necessary to remove the dog. You must also call 911, and remain with the dog until law enforcement or emergency responders arrive.

Rescuers are however immune from all other civil or criminal liability for other property damage in this case. So, the owner who left their pet in the vehicle can't sue or press charges against you.

What about rescuing a child from a hot car?

A graphic from kidsandcars.org showing the number of hot-car deaths in children since 1990.

The National Highway Traffic Safety Administration (NHTSA) recommends that bystanders not wait more than a few minutes for a driver to return to the car and to first assess if the child is responsive or unresponsive.

You should call 911 right away and get the child out of the car if they appear to be unresponsive. Be sure to check for unlocked doors first. Once the child is freed from the vehicle, they may need to be sprayed or toweled off with cool water until emergency responders arrive.

If a child is responsive, the NHTSA recommends staying with the child outside of the vehicle until law enforcement and or first responders arrive to locate the driver.

Like with rescuing animals, a person who causes damage without following proper steps — calling 911, checking for unlocked doors, etc. — could be responsible for some of the repair cost.

Contact Jade Jackson at Jade.Jackson@IndyStar.com. Follow her on Twitter @IAMJADEJACKSON