Can I Sue If I Am Injured in a Hunting Accident on Someone Else's Property?

Hunting season can be perilous for hunters as well as their prey. While hunting accidents are fairly uncommon, they can cause serious injuries, and, on rare occasions, death. Because hunters use guns of various makes and sizes, many people think the majority of hunting injuries result from accidental shootings. Surprisingly, tree stands are the biggest culprits when it comes to hunting accidents.

Here is an overview of common hunting dangers and how an experienced personal injury lawyer can help you pursue compensation if you are hurt as a result of someone else’s negligence.

WHAT IS THE MOST COMMON TYPE OF HUNTING ACCIDENT?

Contrary to popular assumption, the majority of hunting accidents are not caused by misfired guns or wayward arrows. Falls from tree stands are among the most common serious hunting injuries.

A 2014 study of U.S. emergency-department data estimated about 6,400 hunting-stand injuries a year from 2008–2013, and about 80% of those visits involved a fall. Fractures were the most common diagnosis; head and internal injuries also occur. See Wilderness & Environmental Medicine (summarized on PubMed). The U.S. Consumer Product Safety Commission has similarly estimated thousands of treestand-related ER visits in a given year.

Many of these injuries are serious: broken bones, concussions and internal bleeding. On rare occasions, a fall can result in paralysis, brain damage or even death.

Recommended reading: Does Insurance Cover Michigan Deer Car Accidents? What to Know Before Filing a Claim

HOW DO MOST TREE STAND ACCIDENTS HAPPEN?

Most falls occur when hunters are climbing up or down the tree stand without wearing a full-body harness that connects the hunter to the tree. Although these fall-arrest systems are included with many manufactured tree stands and can be purchased from hunting retailers, many hunters still do not wear them. CPSC has long noted that most treestand deaths and injuries involve hunters who were not wearing a harness.

Other tree stand falls may occur when a hunter is overly tired or under the influence of alcohol or drugs. A properly used full-body harness is designed to stop a fall before the hunter hits the ground. It does not make a defective stand, a bad install, or another person’s negligence disappear.

WHAT ARE THE OTHER KINDS OF HUNTING ACCIDENTS THAT MAY BE GROUNDS FOR A LAWSUIT?

Hunters can be seriously injured in other types of accidents, some of which are preventable and others that are unavoidable. Here are some examples:

• Slip and falls on uneven or slippery terrain
• Medical emergencies such as heart attacks in remote locations where help is not readily available
• Accidental shootings
• Auto accidents while driving to or from a hunting destination
• Alcohol-related accidents
• Hypothermia from too many hours outdoors in cold and wet weather

To win a lawsuit, however, the accident must be the result of another party’s negligence, such as a property owner, a hunter, or the manufacturer of a defective product. A medical emergency or bad weather, standing alone, usually is not enough.

Recommended reading: Michigan Supreme Court Rules to Hold Landlords and Property Owners More Accountable for Slip and Fall Accidents

WHO IS RESPONSIBLE FOR A HUNTING ACCIDENT?

Determining liability for a hunting accident depends on several factors. In any situation, a victim must prove their injuries resulted from another party’s negligence. This is a challenge in any personal injury case, but hunting accidents can be especially complex because there are so many variables.

Depending on the circumstances, one or more of the following parties could be held responsible:

Property owners

Michigan does not treat unpaid hunting on someone else’s land like an ordinary store slip-and-fall. Under the Recreational Land Use Act, MCL 324.73301, a landowner generally is not liable for injuries to a person who is on the land to hunt without paying, with or without permission, unless the injury was caused by the owner’s gross negligence or willful and wanton misconduct. Paid hunting on a farm has a narrower, separate path in the same statute.

Trespassing is still illegal. Permission matters for whether you were allowed to be there. It is not, by itself, the test for a landowner claim.

Another hunter

In the case of an accidental shooting, the victim may be able to file a claim against the person who fired the gun. The injured party still has to prove the shooter was reckless or negligent, which can be difficult if there are no other witnesses.

Gun manufacturer

Some accidental shootings happen because of a malfunctioning or defective firearm. In that instance, the victim would have to provide evidence the gun was faulty and that the accident was not caused by improper handling. Those claims are product liability cases.

Tree stand or harness manufacturer

If a hunter falls because a tree stand was defective or a harness failed, the victim may be able to seek compensation from the manufacturer of the faulty product.

In all of these examples, a knowledgeable personal injury lawyer can help you sort which theory actually fits the facts.

DO I NEED A HUNTING ACCIDENT LAWYER IF I AM HURT ON SOMEONE ELSE’S PROPERTY?

Hunting claims often mix premises, recreational-use immunity, and product defects. Those issues are hard to sort without counsel, especially when there is no third-party witness.

Michigan also uses modified comparative fault. Under MCL 600.2959, damages are reduced by the injured person’s share of fault. If that share is greater than the combined fault of everyone else, noneconomic damages (pain and suffering) are not awarded. Economic damages can still be reduced by that percentage. If the injured hunter had been drinking, or was not wearing a harness, insurers will use that to shift fault.

Most personal injury claims in Michigan must be filed within three years. See MCL 600.5805. Product and other theories can have different clocks. Don’t assume you have unlimited time.

OUR SKILLED HUNTING ACCIDENT LAWYERS WILL FIGHT FOR THE COMPENSATION YOU DESERVE

If you are injured in a hunting accident, contact us immediately. Our experienced lawyers know what it takes to build a successful case.

Hunting accident law is complicated, but finding the right personal injury lawyer is simple.

Don’t let the legal clock run out. Fill out the brief form below or call 1-800-CALL-SAM today for a free, no-obligation consultation with a member of our legal team.