DPU
Posted : 10/29/2006 5:49:30 PM
It is my opinion that Grimes acted responsibly if her team tried to contact animal control, police, and the owners of the dogs and got no response. It is my opinion that even if Grimes acted unilaterally but returned the dog, there would be no issue and no charges would have been filed against her. Grimes crossed the line by not returning the dog to its owners and authorities have no choice but to apply the law on the totality of the situation. As it stands Grimes team broke the law the minute she tresspassed on the property with the intention of taking the dog.
I wish there was a Good Samaritan law for dogs that is similar to people. Many states are considering such a law. The law would protect someone who has a reasonable belief that if an animal is in pain and distress they could enter property and remove it from the danger. I do recall in our thread about leaving a dog in the car that the consensus was observe the situation, contact authorities, find the owner, contact the authorities. There may have been one or two that said break the window.
Good Samaritan law slice both ways. There is the reasonalbility test for taking action and if you start to take action and do not finish or stop helping you could be liable for damages.