Hunting is a popular outdoor activity, but it is also a dangerous one. The risk of injury is nearly constant, and hunters must be careful. Even when hunters exercise an abundance of caution, others might not, and hunters might still get hurt. In such cases, injured hunters should speak to attorneys about suing for damages and getting fair compensation.
Hunting accidents are rarely random, and someone should be held accountable. Your attorney can help you determine who is responsible and what legal options you might have for getting compensation. Common examples of hunting accidents include accidents with firearms, injuries caused by other hunters, and accidents related to unsafe premises. Talk to an attorney sooner rather than later, as your time to sue may be dwindling. Most plaintiffs have only have 3 years to file injury claims in court. Not only that, but defendants might try to turn the tables on you and argue that you somehow caused or contributed to your injuries. Your attorney can assist you in gathering the necessary evidence to prove your claims.
Call The Martello Law Firm, PLLC at (914) 685-6950 and get a private, free case evaluation from our Westchester, NY personal injury attorneys.
Taking Legal Action After a Hunting Accident in New York
While many negligent people or parties may be held liable in a court of law, others might be shielded from liability, and getting fair compensation might be more challenging. Your first step is to contact an experienced attorney.
To successfully sue those responsible, we need to be able to prove how they are at fault for the accident and your injuries. How did your accident occur? Knowing what happened and what went wrong will help our New York personal injury attorneys determine who to sue and how to prove that their negligence caused your injuries.
Since hunting comes with a number of safety risks, there might be multiple ways in which your injuries occurred. For example, you might have been hurt in a firearm-related incident. Maybe the safety on your firearm failed, and you accidentally shot yourself. Maybe the gun somehow misfired, and you got hurt. If the gun was faulty, we might be able to sue the manufacturer for producing a defective gun.
Another possibility is that other hunters who may or may not have been with your hunting party were misbehaving and acting negligently. Unfortunately, some hunters are a bit too relaxed when it comes to safety. They might be careless about where they point their firearm or even drink while they are hunting. If another hunter caused your injuries, try to get their name and information so your attorney can help you sue them.
Still, maybe your accident was not caused by another person, at least not directly. Perhaps your accident happened because the land or premises where you were hunting were unsafe, but you were not informed or warned about the unsafe conditions. Landowners, where guests or entrants use the land for certain outdoor activities like hunting, enjoy limited liability, and proving your claims might be difficult. However, certain exceptions to this rule might allow you to file a case against the landowner for damages.
Who You Might Sue for a Hunting Accident in New York
Deciding who to sue is not always a clear or simple decision. While some injured hunters might know exactly who is to blame, others might be less sure. For example, you might have permission to be on the hunting grounds, but you might not know who exactly owns the land. Alternatively, another hunter might injure you, but they might not have given their name or fled before they could be identified. Go over the details of your accident with your lawyer. They may help you figure out who is to blame and how you can bring them to justice.
Property owners whose land is used for recreational purposes – typically including outdoor activities like hunting – owe almost no duty of care to entrants. This means if you are injured while hunting because of unsafe conditions on the land, the landowner likely is not liable. As described in more detail below, landowners in these cases may be held liable only under more limited circumstances, and you should discuss those circumstances with your attorney.
If you were hunting with a group or came across other hunters, they might be responsible for your injuries. For example, maybe another hunter was careless about where they pointed their firearm. If they also neglect to switch on the gun’s safety, they might accidentally shoot you or others. They should be held accountable for their severe carelessness and neglect.
Perhaps it was not someone else’s firearm that injured you but your own. This is not outside the realm of possibilities, as firearms occasionally misfire and injure gun owners even though they were careful. For example, suppose you engaged the safety on your gun, but it still went off while at your side, seriously injuring your leg. If the safety malfunctioned because it was defective, the manufacturer of the faulty firearm may be held responsible.
Possible Challenges to Suing for a New York Hunting Accident
When filing a case related to a hunting accident, you must be careful about how long you wait before speaking to a lawyer and filing the case. The statute of limitations under C.V.P. Law § 214 provides plaintiffs only 3 years to file personal injury claims. The limitation period usually begins on the day of the accident, meaning your time is ticking away as we speak.
We should also be prepared to rebut claims from the defendant that you are partially or even fully responsible for the accident and your injuries. Defendants often make these kinds of claims because it can reduce their liability, and they might pay you less compensation if they are successful. Having the right evidence can help you make sure that the defendant is held fully responsible for their negligence.
In cases where hunting accident victims are suing landowners, we must contend with limited liability for landowners whose property is used for “recreational purposes.” According to G.O.B. Law § 9-103(1)(a), an owner of land used for recreational purposes or activities, including hunting, fishing, boating, hiking, and various other outdoor activities, does not owe a duty to keep the land safe for others. However, under subsection (2), landowners are not shielded from liability for injuries caused by their malicious or willful failure to warn entrants about dangerous conditions on the land.
Contact Our New York Personal Injury Lawyers if You Were Injured in a Hunting Accident
Call The Martello Law Firm, PLLC at (914) 685-6950 and get a private, free case evaluation from our White Plains, NY personal injury attorneys.
