What Happens When Someone Is Injured in a Hunting Accident?

LAW BLOG  •

November 20, 2015

We live in Texas, and hunting is as much a part of our culture as beef and doing things big. Unfortunately, hunting accidents cause injuries and claim lives every year. The large majority of these hunting incidents are true mishaps and not intentional, malicious acts, but that does not change much in the aftermath. Both the errant shooter and the injured party must suffer from and deal with the consequences.

As hunting season starts up every year, law firms field many questions about hunting accidents and liability. Although we primarily think of firearm accidents on a property, other incidents are also common during hunting season. Falling, drowning, or being injured in a cabin or tent fire are also considered hunting accidents that individuals may need insurance to cover.

After one of these events, many injured individuals need help paying for medical expenses and rehabilitation costs. At times, surviving family members need help covering the costs funeral and other expenses that have been abruptly accrued. A lawsuit is often the only way to can secure the compensation needed to move forward after an accident.

Does Homeowner’s/Commercial Property Insurance Cover Hunting Accidents?

The good news is if you have homeowners’ liability insurance, it will almost always cover hunting accidents. As a liable property owner, you will need to talk to your insurance company to make sure you have the appropriate coverage, particularly if you lease your property for hunting.

The Hunting Accident Should Have Reasonably Been Prevented – Can I Hold the Property Owner Responsible?

If you were injured because the property owner was unreasonably negligent, you may want to take legal action against him or her. For instance, if you fall from a deer stand because the property owner failed to properly secure it, the act is unreasonably negligent. He or she should have recognized and addressed the hazard or warned you of the possibility beforehand.

Depending on the circumstances, an insurance claim may not cover the costs of your injury, or the property owner/insurance company may deny responsibility. In these cases, the only recourse may be to file a claim.

A 3 rd Party (Not the Property Owner) Accidentally Shot Me – Who Is Liable?

The individual whose negligence caused the accident will be liable for your injuries. Property owners are only responsible for providing a reasonable level of safety in the environment and for acting responsibly as an individual. They cannot be held accountable for another hunter’s action, even if the incident occurred on their land. However, if a property hazard caused another individual to accidentally harm you, the case becomes more complex.

What to Do After a Hunting Accident

If you are injured in a hunting accident, seek medical attention immediately. Inform the property owner when you can, and try to take pictures or notes about the area where the accident occurred. Any information you can gather may be helpful in an insurance investigation or if you decide to take legal action later on. If your injuries are serious or if your loved one dies as the result of a hunting accident, you may want to speak with an attorney. Individuals who act negligently and cause an accident are responsible for their actions. By filing a lawsuit, you can recover the financial compensation needed to start moving forward.

At Gordan, Elias, & Seely LLP , we specialize in personal injury law in Texas. If you are injured during a hunting accident, know your rights. Investigations into hunting accidents often clarify the events that occurred and help victims and their families obtain damages to punish the responsible party and cover costly expenses associated with the event. Contact our office in Houston to learn more about hunting accidents.

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