Most hunters are well-aware of the dangers associated with hunting, one of which pertains to fellow hunters. When you're hunting in the mountains or woods, you, the hunter can be mistaken for a wild animal and become the hunted. You can also become a victim if you're a camper or hiker in the wrong place at the wrong time.
What is a hunting accident? Generally, it occurs when someone is hunting with a firearm or arrow and the hunter does one of the following: 1) accidentally discharges a weapon, 2) misses a target and strikes another person, or 3) mistakes a person as a wild animal and shoots him or her.
Can someone be sued in a hunting accident?
Yes, it is possible to sue someone in a hunting accident. Like other civil liability cases, hunting accidents hinge on "negligence," especially in cases where the hunter accidentally discharged his or her firearm. In a hunting accident, a court will consider the following factors:
- The hunter's experience
- If the hunter was a minor (under the age of 18)
- What type of hunting the hunter was engaged in
- What the hunter did after wounding the victim
While the states have similar laws, under Wisconsin law, if while hunting, fishing, or trapping, a person discharges a firearm or arrow, and they injure or kill another person, they are required to give the victim their name and address, render aid to the injured person, obtain immediate medical care, and report the incident to police without delay.
Since hunting can be a dangerous sport, hunters are held to the highest standards of safety and training. If they fail to hunt safely, they can be held liable for injuring or killing another person while hunting wild game.
If you, or someone you love has been injured in a hunting accident, you may be entitled to compensation through a personal injury or wrongful death claim. We urge you to contact a personal injury attorney to recover the compensation you deserve.