A dog hit by a car and left
dying in the street, horses who are starved and beaten, puppy mills,
disasters like floods, earthquakes and hurricanes and
worse --- knowledge of these dire circumstances for animals may not be enough to encourage
rescue, because the rescuers hesitate to undergo the sacrifice and
expenses necessary to take that dying dog to a vet, to move and treat
the starving horses, to bring the abusers of animals to the attention of
the police.. Sometimes rescue efforts result in personal lawsuits
against the rescuers by the animal owners. A proverb states, No good
deed goes unpunished. That said, there are ways to prevail
One person in the state of Tennessee took
on this challenge, and the result made the world safer for those who
rescue animals in distress. Laurie Loughlin pioneered a Good Samaritan
law to protect against personal lawsuits those who rescue animals.
Good Samaritan Law - what it means: A
person who sees another individual or an animal in imminent and serious danger or
peril cannot be charged with negligence if that person attempts to
aid or rescue without recklessness the injured party. A Good Samaritan law encourages emergency assistance by
removing the threat of liability for damage done during reasonable
assistance to the hurt individual or animal.
What
Ms. Loughlin at first thought would be a matter of simple and unanimous
legislation became a three year long endeavor to write, find support, and
move the
proposed legislation to passage, and have it signed into law by the governor of Tennessee. It
is now a law (SB2796) that can be used as an example for similar laws in
other states. Ms. Loughlin is a peace hero for this catalytic effort.
She took away that hesitancy in rescuing an animal in pain or starvation or in a situation of
cruelty.
Under the new Tennessee law, those who attempt to help stray,
non-livestock animals like dogs and cats would be exempt from civil
liability penalties for any unintentional resulting injury or harm to
the animals. Good Samaritans would still be required to attempt to
contact owners through available animal identification tags, as well as
to post notices at shelters and animal control agencies. Veterinarians
and animal control agency personnel providing care for the animal would
also be exempt from civil liability, provided their actions were not
malicious or negligent.
“People who stop and assist sick and injured animals they come upon help
not only the animals, but also the owners who love them and might
otherwise lose them,” stated Laurie Loughlin, who is a state-certified
domestic animal rescuer with the Tennessee Disaster Animal Response
Team, or DART.
Learn More About
Animal Protection Laws in USA |
Tennessee's
Good Samaritan Law
Doing The
Right Thing - The Responsibility Project |
Disaster Animal Rescue
Animal Legal Defense Fund
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