Get the Compensation You Deserve to Recover
In recent years, studies have shown that hunting with firearms is one of the safest recreational activities in America. In fact, people are more likely to be injured playing volleyball, cheerleading, or bicycle riding than they are while hunting.
When hunting accidents do occur, however, they can lead to catastrophic or fatal injuries due to the dangerous nature of firearms.
Causes of Hunting Accidents
Based on reports of hunting accidents that have occurred in Texas, there are common factors which contribute to hunting accidents involving firearms. These factors include:
- Not completing hunter education training – many past incidents were preventable through proper training
- Not wearing hunter orange clothing (reducing visibility)
- Lack of hunter judgment/careless handling of firearms
- Fatigue – many incidents have occurred toward the end of a hunting day, when hunters have reached peak fatigue levels
In 2017, careless handling was the most common cause of Texas hunting firearm accidents, particularly, pointing a firearm in an unsafe direction. The Texas Parks and Wildlife Department’s Hunting Incident Analysis reported 21 total hunting incidents resulting from a discharge of a firearm or bow while hunting in 2017, causing injury or death. Nineteen of these incidents were non-fatal, while two were fatal.
Hunting Accidents Not Related to Firearm Discharge
While firearm discharge hunting accidents are extremely dangerous, and are often what we think of when we think “hunting accident,” many hunting accidents are unrelated to firearms. In 2017, six Texas hunting fatalities involved hunters drowning. Additionally, many hunting accidents involve a fall from a tree stand. In 2017, a Texas hunter died after a 10-foot fall from a tripod (Texas Parks and Wildlife).
Hunting Accidents and the Law
As a law-abiding hunter, you have a reasonable expectation to remain safe while recreational hunting. When a hunting accident occurs, your life may be permanently altered.
Depending on the details of the accident, you may want to bring a civil case against a number of parties. Most firearm incidents are due to a hunter’s negligence. If this is what caused your accident, you may bring a civil case against that hunter and his or her insurance company. If another hunter harmed you when under the influence of alcohol or drugs, was not careful with his or her firearm, or failed to get proper training, that person should be held accountable for his or her actions.
If you are hunting on someone else’s property and are injured by an element of the environment, an unsafe tree stand, for example, you may want to pursue a case under premises liability. This is the legal concept that property owners have a duty to maintain a reasonably safe environment for their visitors.
In the rare case that a malfunctioning firearm or other piece of hunting equipment causes your injury, you may have a product liability claim. Manufacturers are responsible for product defects in the equipment’s design, manufacturing, or warning instructions. If a firearm has a defective safety and discharges accidentally, for example, the manufacturer may be found responsible for your injury.
Building a Case After a Dallas Hunting Accident
If you or a loved one has been injured in a hunting accident, contact Crowe Arnold & Majors, LLP for a free consultation at (214) 231-0544 or toll-free (800) 738-4046.
At your consultation, a Dallas personal injury lawyer from Crowe Arnold & Majors, LLP can get to know the details of your hunting accident case, and you can get to know us. We won’t collect a dime of your money until we’ve helped you reach a satisfactory settlement. Call today for more information.