Many people in Arkansas enjoy the outdoors, with hunting being a prime activity for most. Although you might be a careful and safe hunter, not everyone is, and you deserve compensation if you are negligently injured.
Our lawyers can help you sue for a hunting accident if you were injured out on the land. Many hunting accidents are caused by careless or reckless hunters who do not handle their firearms properly or do not take the time to identify their target. We could sue a landowner if they maliciously caused your injuries or charged you to hunt on their property. Perhaps you were injured in a fall from a tree stand despite using the safety systems correctly. If so, we can direct your claim against the manufacturer and get evidence to prove how their product was faulty.
To get a free case review from our personal injury lawyers in Arkansas, call us today at (479) 316-0438.
When Can I Sue for a Hunting Accident in Arkansas?
While most hunters and landowners in Arkansas take hunting safety seriously, accidents can still happen. Other negligent and reckless hunters cause many of the serious and deadly accidents our Arkansas personal injury attorneys handle. Many other hunting accidents result from defective products, like negligently produced tree stands and weapons, in which case we can file a claim against the product’s manufacturer. We might be able to direct your claim against the landowner if they acted maliciously or charged you to hunt on the premises. Who you can ultimately sue will turn on several facts, so it is critical to contact our team as soon as possible after the accident. In most cases, hunting accident victims have just three years to get their claim started or risk losing out on compensation, according to Ark. Code. § 16-56-105.
Accidental Misfires and Mistaken for Game
Arguably, accidental misfires, misjudging targets for game, and other careless mistakes by other hunters are the most common reasons to file a lawsuit after a hunting accident. Some hunters do not take the time to practice safe weapon handling and transport. For instance, a gun or crossbow might misfire when a hunter is taking the weapon out of its case, forgetting that it is loaded and injuring you in the process. Other hunters accidentally discharge their firearms because they are horsing around or under the influence of alcohol. Our team will get your side of the incident during our initial interview and contact any eyewitness who saw the accident to get their statements.
Other times, hunters mistake you for the animal they are stalking. If they do not take the time to identify their target properly or shoot from a distance where they cannot reasonably be certain what they are shooting at, we can sue them for negligence. However, you might also be held partially responsible for the accident if you fail to wear reflective clothing, which clearly marks you as another hunter. Under § 16-64-122, compensation in your lawsuit will be diminished in proportion to your level of fault if you are found partially liable but less liable than the defendant. If your degree of negligence is equal to or more than the other hunter’s fault, you will not be entitled to recover any damages.
Landowners for Malicious Conduct or When a Fee is Charged
In an effort to encourage landowners to make their land available for hunting and other recreational activities, § 18-11-304 and § 18-11-305 limit their liability as to those using it for such activities. Thus, a landowner does not owe the public a duty of care to make the property safe for hunters or provide any warnings regarding potentially dangerous conditions on the land, including structures or other activities taking place there.
For example, perhaps you were injured when a tree stand already installed on the land collapsed and injured you. The property owner would likely not be held liable for the defective structure even though they might have placed it there. They would also not be responsible for other hunters on the land if their carelessness caused your injuries since this danger is a natural part of recreational hunting.
Landowners can only be sued under highly specific circumstances. If the landowner is not merely negligent but acted maliciously by failing to warn or guard against an ultra-hazardous condition that they actually knew was dangerous, § 18-11-307(1) would allow you to pursue a claim against them. Malicious in this context does not mean reckless conduct but an intentional act they know will likely result in damage.
We can also help you file a lawsuit against a landowner who charges you a fee to enter their property, as per § 18-11-307(2). While “charge” is defined as an admission fee, that term is not precisely defined, so it is wise to let our attorneys determine if the landowner collected any fees from you.
You might be able to sue a landowner even if you were trespassing. However, this is only possible if their wanton and willful misconduct caused your injuries, according to § 18-60-108(a)(2), which is a higher degree than malicious conduct.
Accidents Caused by Defective Equipment
Many hunters opt to use their own tree stands, ladders, and harnesses rather than fixed equipment on the land. If the product or part fails, we can help file a product liability lawsuit against the manufacturer. We can use design specifications, manufacturer records, and expert witness assessments to prove that you were not misusing the product when it injured you. However, you should always have fall protection engaged when climbing or coming down from a tree stand so you do not cost yourself compensation.
Weapons can also misfire if they are negligently manufactured or the design is defective. If the accident was a mix of hunter carelessness and negligent manufacturing, we can name each party in your lawsuit.
Call Our Arkansas Personal Injury Attorneys Today for Help with Your Case
Call our Fort Smith, AR personal injury lawyers at (479) 316-0438 for a free case review.