The National Shooting Sports Foundation calls hunting “one of the safest activities in America.” However, hunting accidents caused by improper firearm use still occur. When they do, it can result in civil and criminal penalties for those accused of injuring or killing another hunter. Victims of these accidents or their families can consult a lawyer to help with a civil claim and prepare for any defense the hunter may have against the claim.
Civil Claims for Hunting Accidents
When a person faces a civil trial for injuring another hunter, civil liability for the hunting accident will be judged largely by whether the hunter used reasonable care. Hunters owe others a duty of care, and negligent use of a firearm or other careless actions while hunting can violate that duty by placing others in danger.
The hunter who caused the accident will work to demonstrate that all safety measures were taken to provide reasonable care to other hunters. The argument may be made that the victim of the accident knew of the risk of being in an area known for hunting and was taking a risk of injury by being present in the area.
Still, in some cases, a hunter may argue that the victim was fully or partly responsible for the accident. He/she may argue that the victim did not take proper precautions to avoid an accident while in a known hunting area and that the hunter was not acting in a reckless or careless manner when the accident occurred.
Consult an Attorney for Help
If you or a loved one has been the victim of a hunting accident, consult a lawyer with the Miley Legal Group to prepare for the case and review possible defenses the negligent hunter may use. Call us at 304-931-4088 or 877-652-1031 to schedule your consultation.