Who Can Be Held Accountable for a Hunting Accident?
Fall is here—for many people, that mean's hunting season has also arrived. Many Americans look forward to their annual excursion into the woods to bag a deer or some other kind of game. Unfortunately, a few of those excursions will end in disaster. A weapon that misfires, a moment of confusion when looking for game, or a fall from a tree stand are among some of the dangers that hunters face every year.
If you're a hunter, do you know who you can hold responsible for an injury? While every situation is unique, these are some things to keep in mind:
When Another Hunter Causes an Accident
It's probably no surprise that injuries caused by other hunters are a common problem, given that so many weapons are involved in the sport. It only takes a momentary lapse of concentration or a mistake when targeting prey for one hunter to end up shooting another. In addition, some hunters like to drink while they hunt—an act that can recklessly put themselves and others at risk.
If another hunter fires at you, it's important to consider whether or not the accident could have been avoided entirely with ordinary care. If you think this is the case, it might be possible to hold the other hunter accountable for his or her negligence.
When an Injury Is Caused by a Defective Weapon
Defective weapons are a danger that many hunters don't even think about—until a gun misfires in their hands or a crossbow bolt fails to latch securely and prematurely discharges. There's nothing a hunter can do to prevent those kinds of accidents, so you can't expect the hunter to shoulder any liability for an accident involving a faulty weapon.
However, you may be able to hold the manufacturer of the weapon liable for any injuries through product liability laws. Product liability laws put the burden of making sure that a weapon is properly designed, crafted, and labeled directly on its manufacturer, so be sure to explore that possibility.
When a Property Owner's Negligence Is at Fault
Finally, some hunting accidents come about because of property hazards. Property owners have a general duty to keep their premises in reasonably safe condition for any guests. When they overlook obvious hazards or allow a property to become hazardous due to neglect, that creates liability.
Hunting injuries due to negligent property owners include a variety of scenarios. For example, if you're invited to hunt on private property, but the owner forgets to warn you that there are bear traps set in various spots, that's negligence.
If you aren't sure if you can hold anyone liable for your hunting accident, discuss the situation with your personal injury lawyer. An lawyer is qualified to help you understand your rights.
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