If defective hunting equipment has caused injury to a person or the defect caused damage to a person’s property, the person has the right to sue for damages. In addition to hunting equipment defects, a person can file a product liability lawsuit in the event the product that was purchased caused an injury or property damage and didn’t include proper safety instructions and warnings.
Even though firearms can be defective, firearm hunting accidents typically occur when hunters are using their firearm in a negligent way. If a person gets injured due to another hunter’s negligence, that person can sue the careless hunter for medical expenses, loss of wages, and property damage losses. However, the plaintiff must be able to prove that the responsible hunter’s negligence caused the accident that resulted in an injury, and that his or her behavior didn’t contribute to the accident occurring.
Most tree stands include safety harnesses and instructions telling the hunter how to use the product safely. However, even when the proper precautions are taken, accidents can still occur. In 2005 - 2007, almost 19,000 hunters were injured as a result of defective tree stands, 41 of these accidents were fatal. Defective tree stands pose a serious concern for hunters, because even small injuries could end up becoming complex due to the fact that the hunter may not be able to call for help after an accident.
If a product liability case is filed because injury or property damage was caused by a defective tree stand, the plaintiff must prove that:
People hunting with archery equipment can accidentally injure another person in several different ways, including but not limited to: holding their bow incorrectly, causing the arrow to miss the target; shooting an arrow straight into the air; or not paying attention to where other people are standing while shooting an arrow at a target. The injured party has the right to sue the person responsible for the accident if he or she can prove that:
Archery equipment is the same as any type of product; it can be defective. If a person is injured due to defective archery equipment or equipment that doesn’t include the proper safety instructions, that person can sue the manufacturer for damages. However, the plaintiff needs to prove that the equipment was defective or didn’t contain safety instructions, and that the defect or missing instructions caused the accident.
If you’ve injured someone in a hunting accident, you should call a good defense attorney as soon as possible. A defense attorney will be able to help you get through any civil lawsuits that are filed against you, as well as any criminal charges that you may be facing.