As an experienced outdoorsman, you know to prioritize safety every time you go hunting. You do everything necessary to keep yourself and others out of harm’s way so that you can all enjoy your time in the great outdoors.

Unfortunately, not everyone is as safe as you are. Accidents during hunting season are common—far more common than they should be. If you’ve been injured in an accident during hunting season, keep reading to find out what you need to know from Birmingham premises liability lawyer Tracy W. Cary.

Understanding the Three Most Common Causes of Hunting Accidents

While hunting accidents can—and do—result from a variety of different causes, most accidents in the great outdoors can be blamed on one of three primary factors. These primary factors are (i) general negligence, (ii) property owner negligence, and (iii) product defects.

1. General Negligence

Many hunting accidents are the result of general negligence. All hunters in Alabama have a duty to exercise reasonable care for the safety of others. If a hunter breaches this duty, and if he or she injures someone else as a result, this can give rise to a general negligence claim under Alabama law. Some of the most common examples of general negligence during hunting excursions include:

  • Mishandling a firearm resulting in an accidental shooting (i.e., failing to check the firearm’s safety or keep it pointed away from other hunters)
  • Mistaking another hunter for a game animal
  • Consuming alcohol or drugs before or during a hunting excursion

If you were shot during a hunting trip, even if the shooting was entirely accidental, you may be entitled to recoup your medical expenses and other losses under Alabama law. As we discuss below, this will involve filing an insurance claim in most cases.

2. Property Owner Negligence

Property owner negligence is a common factor in hunting accidents as well. As a general rule, property owners have a legal duty to warn their guests about known safety hazards, and those who charge for access to their property must work to remedy or prevent access to dangerous areas in a reasonable timeframe. From hazardous trails to tree stands that have fallen into disrepair, various property-related hazards can potentially give rise to hunting-related premises liability claims under Alabama law.

3. Product Defects

Sometimes, things can go wrong despite everyone’s best efforts to stay safe. If your firearm malfunctioned, if a fellow hunter’s firearm malfunctioned, if a tree stand failed, if a four-wheeler or side-by-side rolled over or crashed unexpectedly, you could have a product liability claim against the manufacturer. All types of manufacturers can be held liable for selling dangerous and defective products, and dangerous product defects are far more common than most people realize.

Insurance Coverage for Hunting Accidents

Regardless of what happened, if you have a claim for injuries sustained in a hunting accident, seeking coverage for your losses will most likely involve filing an insurance claim. Various types of insurance cover hunting accidents—although homeowner’s insurance doesn’t always provide the coverage that many people seem to think it does.

Property owners that allow hunting on their land or grant hunting leases will often carry liability insurance—just in case someone gets injured on their property. Many hunters will have some form of liability insurance as well, and product manufacturers almost always have substantial insurance policies that protect them in the event of a product liability lawsuit.

If you’ve been injured in a hunting accident, a Birmingham premises liability lawyer should be able to determine what coverage is available to you (if any) and then take appropriate legal action on your behalf. You owe it to yourself to learn about your legal rights, and it costs nothing to find out if you have a claim.

Important Steps to Take After a Hunting Accident in Alabama

With this in mind, what should you do if you’ve been injured in a hunting accident in Alabama? To protect your legal rights, you should:

  • Prioritize Your Medical Care – First and foremost, you should prioritize your medical care. Make sure you get the treatment you need, as this will help ensure that the insurance companies cannot blame you for any of your medical costs or other losses.
  • Keep the Firearm (or Other Product) Involved – If possible, you should keep the firearm (or other product) involved in the incident. If you have a product defect claim, the product—or its remnants—will be key evidence in support of your claim for damages.
  • Keep Any Other Potential Evidence that You May Have – You should keep any other potential evidence that you may have as well. This includes any photos or videos you took with your phone, any text messages you received after the incident, your hunting lease (if applicable), and anything else that you think could potentially be relevant to your claim.
  • Take Detailed Notes – Regardless of any evidence you may have, you should take detailed notes about the incident that resulted in your injuries. Write down what happened, when and where it happened, and who was involved or present as a witness. Write down any other details that you think might be relevant as well.
  • Talk to a Birmingham Premises Liability Lawyer – Given that the costs of hunting accidents can add up quickly, you will want to talk to a Birmingham premises liability lawyer about your legal rights. Since it may be necessary to conduct an investigation, you should schedule an appointment sooner rather than later. We represent injured hunters and their families at no out-of-pocket cost in general negligence, premises liability, and product liability cases statewide.

Discuss Your Situation with a Birmingham Premises Liability Lawyer for Free

If you or a loved one was injured in a hunting accident in Alabama, Birmingham premises liability lawyer Tracy W. Cary can explain everything you need to know about filing a claim. To schedule a free and confidential consultation, call us at 205-855-2745 or tell us how we can reach you online today.