Hunting is a sport or leisure activity that requires the use of a variety of gear and accessories.
For instance, hunting may require the use of firearms, a bow and arrow, specialized attire, and other tools. Due to extensive equipment usage, equipment malfunction or failure is a common cause of hunting accidents. Injuries caused by hunting equipment include:
- Accidents where a gun or other shooting device malfunctions
- Injuries brought on by a failed trap
- Accidents brought about by camouflage or a failure to recognize another hunter
- Numerous other equipment-related injuries
For example, using tree stands is a regular hunting equipment mishap. A hunter can track and shoot deer and other animals from these seats or chairs erected at the tops of trees. These kinds of hunting seats are frequently linked to accidents from falls.
Who Is Responsible for Accidents With Hunting Equipment?
Depending on the circumstance, different parties may be liable for damage caused by hunting equipment. If there was a flaw in the product, the producer of the gadget may frequently be held accountable for any injuries to users.
Defects can typically be divided into three groups:
Additionally, using hunting gear might occasionally make hunters accountable for injuries they cause to other hunters. An illustration of this is when a hunter uses a tool or piece of equipment that they know is hazardous to other people.
Usually, negligence laws are used to file these kinds of cases.
Hunting Wounds
The sorts of injuries change depending on whether an injury was caused by a weapon or another piece of equipment.
- Wrongful death: In the worst scenarios, a hunter or bystander can be killed by a bullet, arrow, or another weapon. If a defective product was the cause of the fatality, the relatives of the deceased have the right to bring a wrongful death claim on behalf of their loved one.
- Traumatic injuries: Although a misfire might appear to be the most frequent occurrence, barrel explosions and faulty bolt actions can result in serious damage. Bow hunters may suffer harm from missed shots or shrapnel if their equipment breaks. You may lose a portion of your hand (or other body parts), suffer burns or scarring that may last a lifetime, or even pass away.
- Trauma-related brain damage: Every year, hunters are shot by accident, either by themselves or others. A misplaced gun’s kickback might hurt inexperienced hunters. However, falls from faulty tree stands that result in brain damage are a much more frequent risk for hunters.
Hunting Equipment Flaws
Most of the time, faulty tree stands are the most destructive hunting accessory on the market. You also risk suffering spinal cord damage, shattered bones, and brain traumas.
Each year, defective guns also cause injuries and fatalities. Remington settled product liability claims based on allegations that the company “concealed a deadly design defect that allowed the rifles to fire without the trigger being pushed” in one significant class-action lawsuit.
The agreement included terms requiring the corporation to replace triggers at no cost to the owners and other product expense requirements. It also covered the actual firearms.
Most of the attention is focused on rifles, but faulty bows and arrows can be just as devastating.
After one of Utah-based Easton Technical Products’ aluminum arrows “broke and part of it stuck in his hand,” a man successfully sued the company in 2015.
Falls from Tree Stands
According to the Tree Stand Safety Awareness Foundation (TSSA), there are five main categories of tree stand accidents:
- Homemade Stands
- Lock-on Stands
- Ladder Stands
- Climbers
- Other
Climber stands account for 25% of incidents, followed by lock-on stands with 31%. Homemade stands and ladder stands are tied at 20% apiece. Fall-related injuries have resulted in fatalities, limb amputations, paralysis, internal organs or tissues penetration, fractures, and sprains.
The National Electronic Injury Surveillance System (NEISS) reports a considerable decline in tree stand injuries since 2010. Only 1937 injuries of the same intensity were reported in 2019, a 65.4% decrease from the 5598 injuries that required emergency room care in 2010. With a renewed interest in hunting, this decreasing slope may be abruptly stopped.
The TSSA aims to solve the dangers of being fastened to a tree many feet above a secure landing. The 501C3 non-profit organization employs education, promotion, and best practices to spread its message to ensure that every hunter returns home safely.
Although the equipment does go down, some hunters swear, “It won’t happen to me.” However, tree falls are the leading reason for deer hunters’ injuries and deaths.
Harnesses are essential for avoiding injuries. The hunter was not wearing a harness in most of the reported accidents. Other wounds demonstrated that a harness was not in use when the fall occurred.
Separate instances of the harness’s stitching going wrong caused it to separate. The absence of federal monitoring in the production of tree stands and the frequent recalls highlights the necessity of harness insistence.
Further Hunting Mishaps
There are several additional challenges that hunters must overcome besides tree stand falls.
While using a firearm carries some risk, the consequence of shrapnel from the weapon or another hunter’s rifle also poses a threat. Hunters face a serious risk from the shrapnel and debris from weaponry and trees.
The landscape presents yet another chance for hunting mishaps. Even experienced ATV drivers risk injury due to the uneven pavement on the trails. An accident is more likely if a novice driver is behind the wheel.
Drowning is another risk that lakes and other bodies of water present. Hunters may transport game on boats. A novice swimmer runs the risk of drowning if it capsizes. Remember that the weight of the hunting equipment and the bulky boots will cause even seasoned swimmers trouble.
Animals pose a risk because they are unpredictable in any setting. A newly shot animal’s scent may attract larger creatures to the hunter. A chased animal could strike out at the hunter as he approaches if it is occasionally harmed but not killed.
Lastly, the terrain could not be accessible for hunting. When maintaining their property rights, landowners who don’t think hunters have a right to be there may act violently or threateningly. A person standing in their yard carrying a firearm can potentially frighten them.
Are Accidents Involving Hunting Equipment Subject to Legal Redress?
Hunting equipment accident claims frequently require legal action to resolve conflicts or problems. A monetary damages award is typically the legal remedy in these instances. In this case, the injured person will receive financial compensation for their losses, including any property damage, medical bills, hospital bills, lost wages, and other costs.
When a product has a flaw, it will probably be recalled, and a class action lawsuit might also be brought.
Should I Get Legal Assistance for a Hunting Equipment Injury Claim?
Injury claims involving hunting gear can be complicated; thus, legal counsel is typically needed. If you need assistance with a claim, it is best to employ a class action lawyer in your area. Throughout the legal process, your lawyer will be able to represent you and give you counsel.
