Hunting season is in full swing and hunters have the right to expect the equipment and tools they depend on in the field will function safely. This includes not only firearms, but also bows, tree stands, traps, and blinds. If you use any of these devices that prove faulty, the potential to sustain an injury exists, and you may also have a legitimate defective product claim for compensation.
Although hunting accidents can result from one person making an error and causing personal injury to another, some accidents occur because of defective equipment that malfunctions at an inopportune time for the victim.
Types of hunting equipment defects
Of the many types of hunting equipment available to the hunter, defective tree stands cause a significant number of the injuries hunters experience. When a tree stand fails, the hunter is at risk for sustaining serious injuries such as brain injury, broken bones, and spinal cord injury.
Defective firearms cause injuries and death each year. Firearm manufacturer, Remington, recently settled a large class-action lawsuit involving a product liability claim. According to a 2017 CNBC report, the lawsuit alleged the company “concealed a deadly design defect that allowed the guns to fire without the trigger being pulled.” According to the settlement, the company was required to replace the triggers at no expense to the owners plus other product expenses.
Rifles and other firearms are much of the attention when accidents occur, but defective arrows and bows can be just as dangerous and deadly.
Proving a hunting equipment liability claim
If defective hunting equipment causes injury or death, the victims of these accidents and their families have the right to file a product liability claim against multiple liable parties. Proving one of these claims requires the plaintiff demonstrate the following:
- The product was defective when the injury occurred
- The product defect was the cause of the injury
- The product defect was the result of poor design, poor workmanship, faulty or inadequate instructions, or other defects for which the equipment makers and/or suppliers are responsible
Common hunting injuries
Various types of injuries can occur during the course of hunting activities. These injuries vary depending on whether a weapon or other equipment caused the injury. They include:
- Traumatic brain injuries.Hunters with lack of experience can suffer head injuries from a rifle kickback when the gun is misplaced. Individuals are accidentally shot every year in this way, either by themselves or by others. Hunters face more common risk for brain injuries from falls due to defective tree stands.
- Catastrophic injuries.Rifles and guns that misfire, barrels that explode, and defective bolt actions can produce permanent injuries. A bow hunter can also incur serious injury from misfires or if the bow equipment shatters and the hunter is impacted by shrapnel. Catastrophic injuries suffered by owners can include permanent burns or scarring and loss of a body part.
- Wrongful death.In the worst case scenarios, a bullet, arrow, or other weapon can take the life of a hunter or other bystander. Families of those killed in these accidents have the legal right to seek compensation through a wrongful death claim if a defective product was involved.
The injury attorneys at Crandall & Pera Law understand the devastation that can be caused by hunting accidents. If you or a loved one has suffered an injury in a hunting accident due to defective hunting equipment in Ohio or Kentucky, we can help you secure the compensation you deserve for your losses. To set up a free case evaluation, give us a call today at 877.686.8879 or send us a request through our contact form.