Actions and Suits in Particular Cases

ORS 30.813
Liability of person who enters motor vehicle to remove unattended child or domestic animal

  • exceptions

(1)

As used in this section, “motor vehicle” has the meaning given that term in ORS 801.360 (“Motor vehicle”).

(2)

A person who enters a motor vehicle, by force or otherwise, to remove a child or domestic animal left unattended in the motor vehicle is not subject to criminal or civil liability if the person:

(a)

Before entering the motor vehicle, determines that the motor vehicle is locked or there is no reasonable method for the child or animal to exit the motor vehicle without assistance;

(b)

Has a good faith and reasonable belief, based upon the circumstances, that entry into the motor vehicle is necessary because the child or animal is in imminent danger of suffering harm;

(c)

Before or as soon as is reasonably practicable after entering the motor vehicle, notifies law enforcement or emergency services;

(d)

Uses no more force than is necessary to enter the motor vehicle and remove the child or animal; and

(e)

Remains with the child or animal in a safe location, in reasonable proximity to the motor vehicle, until law enforcement, emergency services or the owner or operator of the motor vehicle arrives.

(3)

This section does not limit the liability of a person for gross negligence or for reckless, wanton or intentional misconduct.

(4)

This section does not limit the liability of a peace officer as defined in ORS 161.015 (General definitions). [2017 c.424 §1]
Source

Last accessed
Jun. 26, 2021

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