Inland Heat and a Parked Car: What the Law Says About Kids and Pets

On a summer afternoon in Riverside, San Bernardino, Palm Springs or the Antelope Valley, a closed car in the sun becomes dangerous quickly. Two California laws deal directly with what happens next, and a third answers the question people ask afterward: who pays for the broken window?

The child rule

Vehicle Code section 15620 says a parent, guardian or other person responsible for a child 6 or younger may not leave that child in a vehicle without supervision by someone 12 or older when either:

• conditions present a significant risk to the child's health or safety, or
• the engine is running, the keys are in the ignition, or both.

A violation is an infraction with a $100 fine, which a court can reduce or waive for someone economically disadvantaged who completes an education programme. That is the floor, not the ceiling: the section says it does not prevent prosecution under other laws, and the reduced-fine provisions do not apply if the child is injured or needs medical care.

The animal rule

Penal Code section 597.7 prohibits leaving or confining an animal in an unattended vehicle in conditions that endanger it through heat, cold, lack of ventilation, or lack of food or water. A first conviction where the animal does not suffer great bodily injury is punishable by a fine of up to $100 per animal. If the animal suffers great bodily injury, or on any later conviction, the penalty can reach a $500 fine, up to six months in county jail, or both.

When a stranger breaks your window

Section 597.7 allows a person to remove an animal from a car when they reasonably believe its safety is in immediate danger, and protects them from criminal liability if they do all of the following:

1. Confirm the car is locked or there is no other reasonable way to get the animal out.
2. Have a reasonable, good-faith belief that forcible entry is necessary because the animal is in imminent danger.
3. Contact law enforcement, the fire department, animal control or 911 before breaking in.
4. Stay with the animal in a safe place nearby until a responder arrives.
5. Use no more force than necessary.
6. Hand the animal over to the responder immediately.

Civil Code section 43.100 adds that a person who rescues an animal in line with those steps has no civil liability for damage to the vehicle. Officers, firefighters and animal-control officers may also break in after a reasonable effort to find the owner, must leave a written notice in the car, and the owner can be charged for the animal's care or impound.

Who pays for the window

If the rescuer followed the law, you cannot recover the cost of the window from them. Your own policy is where to look: broken glass is generally handled under comprehensive coverage, sometimes with a separate glass deductible, and how a particular company treats it varies by insurance company. A liability-only policy pays nothing toward your own car.

The habits that prevent all of it

Look in the back seat every time you lock the car. Take pets with you or leave them home in summer. And on any trip inland, park in shade or use a sunshade, which fueleconomy.gov notes keeps the cabin from getting as hot. "Just five minutes" is the sentence behind most of these cases.

If you want to know whether your policy would cover a broken window, from a rescue or a break-in, we can check the comprehensive and glass terms for you.