Hunting accidents usually involve firearms or arrows, and fall into one of three categories: accidental weapon discharge resulting in injury, missing a target and hitting someone, and mistaken identity resulting in harm to another person. Many states treat these accidents like negligence cases, especially those involving accidental discharge.
Courts consider things like the hunter’s experience, their actions after the accident, and the type of hunting involved. If a hunting accident victim dies, the responsible party can face civil or criminal action. Whether you’ve been involved in or you’re responsible for a hunting accident injury, you can benefit from legal representation by the Law Office of Matthew Glassman.
Minors and Hunting Accidents
In most places, any person under the age of 18 is considered a minor. Minors can be sued for hunting accident injuries, but the rate of success varies by state. Some jurisdictions hold minors to the ‘reasonable person’ standard, and others use the ‘reasonable child’ standard. Distinctions are made based on whether the home states considers hunting an age-appropriate activity. In such states, the standard used is lighter than that for adults.
What Happens if the Accident Victim Can’t Tell who Shot Them?
In a limited number of cases, more than one shooter fires shots at someone. In the rare event that investigators can’t tell whose shot hit the victim (where it’s assumed that one person caused the injury), most states hold all hunters liable unless someone can prove who was responsible. This is known as “joint and several” liability, and it moves the burden of proof to the defendants from a victim. If more than one person hit the victim, each of those people are held liable, regardless of number.
Hiring a Lawyer if You’re Responsible for (or Involved in) a Hunting Accident
If you are victimized in a hunting accident, you may be able to collect monetary damages. Hiring personal injury attorneys Suffolk County NY can explain your rights under the law, and they can represent you in court so you get the compensation you deserve. If you are responsible for a hunting accident, you will also need a lawyer to minimize your liability.
