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If I suffered a shoulder injury from gun because my rifle misfired, is that a defective firearm for which a claim can secure monies for a gun hunting injury?
If a rifle misfired and caused a shoulder injury from gun, damages can be filed only if it was caused by a defective firearm. The defect may stem from malfunctioning of the trigger and/or safety. At the same time, it would only be worth pursuing a gun hunting injury claim if the physical harm suffered was significant.
Evidence Necessary to File a Claim against a Rifle Manufacturer
Gun accidents frequently are caused by misuse of the weapon. It will be up to the injured person to prove that the shoulder injury from gun was something other than that. If the safety fails and it misfires, or it goes off without even pulling the trigger, these could be caused by a defect in the design and/or manufacturing.
Injuries Caused by a Defective Rifle Must be Significant
Injured victims who would want to hire a defective product attorney should be able to say the following occurred because of the Clarksburg gun hunting injury:
- multiple surgeries;
- becoming disabled;
- chronic, life-altering pain; or
- a long-term recovery.
A lawsuit may be filed against the manufacturer of the rifle in these cases. Of course, there could also be others who are liable for injuries. Anyone involved in the chain of distribution who bears some responsibility could be included in the claim, such as the company that designed the rifle or parts (trigger/safety) or the retailer that sold it.
The corporations that make guns have, by the nature of the products that they create, protections and law advisors in strong numbers. The language used to protect these companies from mishaps that consumers suffer by using their products can be confusing for those not well versed in law.
Additionally, victims who can even prove that they did not misuse the product must go the extra step to prove that the injuries were serious, when of course, most gunshot wounds wouldn’t be considered “minor.” For these reasons, most gunshot wound sufferers find it is in their best interest to hire defective product attorneys for their claims.
The Miley Legal Group, is a longstanding West Virginia institution that has experience with claims like these. One of our representatives will be more than happy to discuss your circumstances. Call us at (304) 931-4088.
Is there a weight limit or height requirement to ride a standard size ATV?
There may be weight limits or height requirements for riding a standard size ATV. Usually there’s a manufacturer warning included (regarding requirements and instructions), so it’s important to read and adhere to them before riding.
Ways to Ensure Safe ATV Riding
Standard size ATVs are typically not safe for children and even some teens. Therefore, someone small in stature might also reconsider using an adult-sized ATV. Riders should be big enough and heavy enough to maintain control of the vehicle.
The risk of injury is significant when someone’s physique isn’t able to handle an ATV. In some cases this leads to a rollover, which can be fatal. It’s also important to note that the state of West Virginia suggests that children under the age of 16 shouldn’t operate an ATV that has an engine size greater than 90cc.
There are other ways that riding an ATV can be safer; for instance, wearing a helmet. Although the law only requires those under the age of 18 wear one, it’s a good idea for all riders to have on a helmet.
West Virginia also does not allow carrying more than one passenger unless the manufacturers’ recommendations allow for it. However, passengers under the age of 18 are not allowed unless the operator is 18 years or older, or has at least a level two intermediate driver’s license (or its equivalent).
Finally, all operators should enroll in an ATV safety course. It’s required for those under the age of 18, but even adults would benefit from taking it.
ATVs can be a lot of fun. But they can also be unsafe when the operator doesn't meet size requirements or doesn't ride it correctly. By following these safety measures, operators may reduce risk of accidents and injuries.
If you are ever in an accident in the Clarksburg area, check out our free guide, 7 Biggest Mistakes that Will Wreck Your West Virginia Accident Claim.
What are the laws governing accident liability on private hunting grounds?
Hunting on private grounds is one luxury afforded to landowners in West Virginia. But those who wish to hunt on private hunting grounds—such as a neighbor, friend or others—must obtain not only a license but also permission from the property owner. Owners who wish to keep others off the land should post notices at 500 foot intervals.
What West Virginia laws govern hunting accidents on private grounds?
Of course, many fear that allowing others to hunt on one's private property could open the owner up to the risk of liability if someone is injured in a hunting accident; not only in a shooting accident but other types of hunting accidents, such as someone falling out of a tree stand.
But, in general, if landowners allow others to use their private property for recreational purposes without charging a fee, they can’t be liable for someone’s injuries. In fact, there is no duty of care to warn those who use the property of a known, obvious hazard, though they may have to warn of hidden dangers.
In fact, the person who accesses private hunting grounds is essentially a trespasser, even though the landowner granted permission to use the land for recreational use. Just as in most cases landowners can’t be liable for a trespasser’s injuries, they are not liable if they charge no fees for use of the property.
When can a landowner be liable for injuries on private hunting grounds?
Once a landowner charges a fee for others to hunt on the land, those individuals are now invitees. Therefore, a duty of care exists to correct hazardous conditions or post appropriate warnings.
Only injuries caused by a failure to provide adequate duty of care are a landowner’s responsibility. Some accidents, such as a hunter accidentally shooting him/herself wouldn’t be the owner's fault.
If you were injured while hunting – whether on private or public grounds – and are unsure if another party is liable, contact The Miley Legal Group for legal representation.
What if I'm partially at fault for my ATV accident?
With more and more people riding ATVs, accidents are becoming more common. According to the American Academy of Orthopedic Surgeons, the ATV driver sustains 80 percent of injuries in an accident.
When an ATV accident occurs, accident liability will be determined. Even a person who is partially at fault for the accident can still recover compensation for damages. A West Virginia personal injury lawyer in Clarksburg can help accident victims sort out liability.
West Virginia Negligence Laws
Each state has its own laws regarding accident liability, and West Virginia is no exception. West Virginia recognizes modified comparative fault – 50 percent rule. A person who is at least 50 percent liable for an accident cannot recover any compensation for damages.
However, if the person’s percentage of fault is at 49 percent or below, then he or she is able to file a lawsuit for recovery. The total amount of compensation is decreased by the percentage of fault. For example, someone who is deemed 10 percent liable for an accident will receive more compensation than someone who is 20 percent at fault.
Fault may be determined by the insurance company or, if the case is taken to court, a judge and jury. But a West Virginia personal injury lawyer in Clarksburg can help victims of these accidents present evidence that demonstrate fault to protect the victim from being barred from recovery.
Contact a West Virginia Personal Injury Lawyer in Clarksburg
If a person is injured in ATV accident and considered partially at fault, hope is not lost. Even partially liable parties may be able to file an injury claim and seek some portion of the damages incurred. Contact the Miley Legal Group at (304) 931-4088 for help establishing accident liability for an ATV accident.
Can I sue the property owner if I was injured by another hunter on hunting grounds in Clarksburg?
While hunting should be a fun recreational activity, a hunting injury can quickly turn the trip into a tragedy. Even when exercising extreme caution, an accident can still happen. f you are visiting a designated and official hunting ground you have the right to reasonably expect that the owners will require all participants to behave in a safe manner.
If you were involved in a hunting injury caused by another hunter you may be wondering who can be held liable.
If after an investigation, it was found that the owners of a hunting facility did not exercise their due diligence in preventing an injury to their customers, they can be sued. If your health and wellbeing has been compromised by a hunting injury, a Clarksburg hunting accident law firm can help.
As the victim of a hunting injury you may entitled to compensation for many damages including:
- medical bills and expenses;
- lost wages;
- pain and suffering; and
- any incidental expenses directly related to the accident.
Filing a lawsuit can seem intimidating and confusing – but it doesn’t have to be. Contacting a Clarksburg hunting accident law firm can be your ticket to a favorable outcome in court. An experienced attorney can work on your behalf to get you the compensation you deserve. Don’t let a negligent property owner ruin your life; take charge of your situation and get legal help today.
Contact a Clarksburg Hunting Accident Law Firm
Recreation opportunities abound in Clarksburg, but hunting can lead to potentially serious or fatal accidents. If you have been harmed because of somebody else’s negligence, don’t hesitate to seek justice. The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation – 304-326-1800.
I was injured in a hunting accident in West Virginia that occurred off-season. Can I still collect damages?
In most cases of a hunting accident, whether it occurred in or out of season, you most likely will be able to collect damages against the negligent hunter. Just because it was not hunting season does not mean that you do not have the right to expect safety on hunting grounds.
However, considering the situation, a personal injury lawyer may be needed for help in proving your case.
In addition to facing a personal injury lawsuit, a person who is violating the laws of the state in regard to acceptable dates and times for hunting, could also face charges that carry jail time and expensive fines:
- criminal negligence;
- unintentional assault; and
- negligent homicide.
In these types of cases, typically the shooter will always be held liable for the injury or death of a victim. If you will be out hunting or visiting an area where hunting takes place (in or out of season) you can prevent a hunting accident by adhering to these safety guidelines:
- do not go alone – it is always safer to hunt and be in the outdoors with another person or group;
- wear safety gear – make sure that you are visible to other hunters in the area and that they can distinguish you from an animal or other target;
- identify your target – If you are the one using a gun, be sure you are indeed shooting game and not a person; and
- practice gun safety – always treat your gun as if it were loaded. Do not leave it unattended when out hunting, do not point it at others and keep your finger off the trigger until it is time to shoot.
Contact a West Virginia Personal Injury Lawyer
Recreation opportunities abound in West Virginia, but hunting can lead to potentially serious or fatal accidents. If you have been harmed because of somebody else’s negligence, don’t hesitate to seek justice. First, you can read our free eBook: The 7 Biggest Mistakes that will Wreck your West Virginia Accident Claim.The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation – 304-326-1800.
What damages can I collect in a hunting accident in West Virginia?
If you’ve been injured in a hunting accident because of another’s negligence, you will not be culpable for the expenses related to the incident.
To find out what damages you may be entitled to collect, consult an attorney at a West Virginia injury law firm.
Understanding the Definitions of Compensatory Damages
The compensatory damages you may collect for gun or hunting accidents in West Virginia are split into 2 categories, special damages and general damages.
Special damages refers to all the specific costs that have been incurred because of the injury. The objective is to determine the out-of-pocket expenses placed upon the injured, in order to recompense them to the position they would have been in had the accident not occurred.
Out-of-pocket expenses include:
- medical bills;
- lost wages, including future earnings; and
- property damage.
General damages, on the other hand, are not as easy to quantify:
- pain and suffering;
- emotional distress;
- loss of enjoyment; and
- loss of consortium are considered general damages.
In addition to compensatory damages, punitive damages also seek to “punish” the defendant financially in an exceptional case of negligence or carelessness.
Hunting Accidents May Be Covered by Homeowner’s Insurance
Some homeowners insurance policies will cover damages in a hunting accident, even if the injury did not occur on your property. Insurance companies use a formula to calculate the compensation amount, although this figure is usually just a starting point for negotiations. A West Virginia law firm can examine the details of your case, help prove negligence and ensure you receive the compensation you are entitled.
At the law offices of The Miley Group, we will work for you to secure fair compensation in the event of a hunting accident. For a free consultation, call us today – 1-877-652-1031.
What are some safety tips I can take with me on my turkey hunting trip in Clarksburg, W.V. to avoid an injury?
A hunting injury can have painful and long-lasting effects. However, most hunting injuries are preventable if hunters follow guidelines and act appropriately.
If you are going turkey hunting in Clarksburg, an injury attorney from the Miley Legal Group offers up safety tips that can help you stay safe:
- always identify a turkey’s head before aiming your gun;
- never shoot at a sound or movement;
- wear orange when walking through the woods where there may be other hunters present;
- be sure your gun is in good working order before taking it out;
- before you leave, tell someone where you are going hunting and when you expect to be back;
- make yourself known in the area when hunting by blowing whistles or talking loudly;
- make sure children who are hunting with you are dressed appropriately in orange and are not allowed to handle a firearm;
- leave the safety on your gun until you are ready to use it;
- never leave a loaded gun unattended; and
- never shoot a gun into the air for no reason.
By following these safety tips, you can help ensure that you have a safe and fun turkey hunting experience this spring season. On the other hand, someone else may not be as careful as you and his or her negligent actions can cause serious, if not fatal, injuries. If this happens to you and you are left in a physical, emotional, or financial debacle, compensation may be available to attend to your medical costs and pain and suffering.
Need legal assistance in Clarksburg? Call an Injury Attorney
Recreation opportunities abound in West Virginia, but hunting can lead to potentially serious or fatal accidents. If you have been harmed because of somebody else’s negligence, don’t hesitate to seek justice. The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation – 304-326-1800.
What measures can I take to minimize the risk of a West Virginia ATV accident when I'm operating one?
Riding an ATV is a great experience for any age, but you need to be careful that you don't end up suffering serious injury in a West Virginia ATV accident. As an accident lawyer in Bridgeport, I see several serious injury cases every year that could've been prevented by taking some simple steps to increase your safety.
ATV accident victims are often unaware of the proper safety procedures that they should follow to minimize the risk of injury. Taking a hands-on safety course is highly recommended for new riders to get used to their vehicle and learn how to stay safe.
Safety gear is one key component for a West Virginia ATV accident.
If you use the proper equipment, including:
- gloves; and
- padded clothing, you can help reduce the risk of serious injury.
Even so, a defective vehicle or other driver's negligence can still lead to serious accidents.
Driving conditions are also an area of concern when it comes to recreational safety in West Virginia. ATV accident injuries often occur when riders take their ATVs on paved roads - "all-terrain" means they CAN handle pavement but aren't designed for it!
You also should follow common sense, such as:
- not driving under the influence of drugs or alcohol;
- not allowing children to operate adult-size ATVs; and
- only going out during good weather conditions.
If you follow these basic safety measures you can cut down risks faced while enjoying a ride on your ATV. However, if you do find yourself the victim of a serious injury due to a malfunctioning vehicle or the negligence of another driver, you should seek professional legal help.
Contact a West Virginia ATV Accident Lawyer in Bridgeport
Recreation opportunities abound in Bridgeport but ATV riding can lead to potentially serious or fatal accidents. If you have been harmed because of somebody else's negligence, don't hesitate to seek justice. The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation - 304-326-1800.
I was injured during an ATV accident in West Virginia, but I wasn't driving. Can I sue the driver?
If you were injured in an ATV accident in West Virginia and you weren't driving, you may be able to sue the driver. This will depend on the specific circumstances pertaining to your accident and whether the driver acted in a negligent manner. A West Virginia ATV accident attorney can help determine liability.
The facts of your case will determine whether or not the driver is liable for your injuries, so these should be discussed with an attorney. An attorney can also determine if your injuries are serious enough that they warrant pursuing a claim.
4 Ways a Driver may be Found Liable for Injuries in an ATV Accident
- driving aggressively, recklessly, or too fast;
- taking the ATV on terrain that is too dangerous or not legal to be on;
- driving while under the influence of alcohol or drugs; and
- having too many passengers on board the ATV.
These are just some of the types of negligent acts that may lead to the driver to be found liable in an ATV accident in West Virginia. It is best to have an attorney evaluate your case so that not only can liability be determined, but an estimate on the amount of compensation you may be entitled to receive can be calculated.
You should speak immediately with a West Virginia ATV accident attorney if you have been seriously injured so that your legal options can be explained and you can take the necessary steps to protect your rights.
Contact a West Virginia ATV Accident Attorney
The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today to schedule a no-cost consultation - 304-326-1800