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No, it’s not legal to break a window to rescue a dog from a hot car in Texas

The summer months are in full swing, and Houstonians everywhere are dealing with the intense, triple-digit temperatures that southeast Texas has become notorious for around this time of the year.

In such sweltering conditions, it seems almost inconceivable to leave a pet in a hot car with the windows rolled up. However, this is a recurring issue in Houston.

If you should find an animal locked in a hot car, though, you need to be careful about your next move.

According to the Civil Practices and Liberties Code in the State of Texas, it is legal to rescue a person from a car in the heat, but these protections do not extend to animals.

Section 74.151 of the code, titled Liability for Emergency Care, states that, “A person who in good faith administers emergency care is not liable in civil damages for an act performed during the emergency unless the act is wilfully [sic] or wantonly negligent.”

This means that if you were to damage property—such as breaking a car window—during an attempt to save a child from a hot car, you are not liable for the destruction you cause in the process of that heroic act. But if you do the same damage to save a dog from such a situation, you could get stuck with the bill for the broken car window.

Because of this, the best course of action to save an animal from a hot car is to alert others of the situation. If the car is parked outside of a business or restaurant, alert the owners. Call the authorities if the animal appears to be in life-threatening danger.

Do you think this law should be changed?


About the Author
Michael Horton headshot

Michael is a Kingwood native who loves visiting local restaurants and overreacting to Houston sports. He joined the KPRC 2 family in the spring of 2024. He earned his B.A. from Texas A&M University in 2022 and his M.A. from the University of Wisconsin-Madison in 2023.

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