Hunting accidents in Arkansas are not as uncommon as one would hope. If you are injured while hunting, our lawyers can help you file a claim and determine if the landowner bears any responsibility for your damages.
While landowners can be held liable for a hunting accident, this is rare since property owners who open their land to the public do not owe a duty of care to most hunters. Landowners can typically only be sued for accidents on their property if they charged a fee or acted with malicious or willful misconduct. Our attorneys can determine if you made any payments to use the land that would allow you to file a lawsuit against a landowner. They are also not accountable for injuries caused by other negligent hunters on the land or defective equipment. Fortunately, our team can file a legal claim against these parties since they can almost always be held liable for their negligence.
Call our personal injury lawyers in Arkansas at (479) 316-0438 for a private case review free of charge.
Can I File a Lawsuit Against a Landowner for a Hunting Accident on Their Property in Arkansas?
When someone is injured in a hunting accident, they often wonder if the landowner bears some legal responsibility for the damages. In many cases, the answer is no. Like the majority of other states, Arkansas limits a landowner’s liability for injuries caused during a recreational activity like hunting as a tradeoff for opening up the land to the public. Landowners have no legal duty and make no assurances that the property is safe to hunt on, nor are they responsible for dangerous structures, conditions, uses, or the activities of others, as per § 18-11-304 and § 18-11-305.
While the protection is broad, there are a few exceptions that allow landowners to be held liable in a lawsuit. Our personal injury lawyers in Arkansas can review the case to see if the property owner acted maliciously or charged you to hunt on the land. You might still be able to sue if it turns out that you were trespassing on the land when you were injured, but the landowner’s actions were willful and wanton.
Suing a Landowner Who Charges to Hunt on the Property
One possible way to hold a landowner liable for a hunting accident is if they charge for permission to enter the property for recreational use, according to § 18-11-307(2). However, not every charge to enter the land will qualify as an admission fee. Under § 18-11-302(2)(A), a charge does not include sharing fish, game, or other products of hunting or other recreational activities.
An admission fee is also not considered a charge if it is used to offset, reduce, or eliminate losses caused by the recreational use of the land, rather than a fee simply to enter the property, as per § 18-11-302(2)(B).
Suing for Malicious Acts
Landowners can also be held accountable for failing to provide warnings or guard against conditions, structures, or uses on the land considered “ultra-hazardous,” according to § 18-11-307(1). This would be deemed malicious conduct if the landowner actually knew of the danger and still did nothing. To be clear, “malicious” does not imply ordinary negligence or even reckless conduct. Under § 18-11-302(4), it means intentional misconduct that the landowner knew would probably result in harm.
For instance, perhaps the landowner had bear traps set around the property for their personal hunting but placed no warning signs around and gave no indication to other hunters concerning their placement. Or, the landowner might have known about a dangerous cliffside and was aware that hunters use the area regularly, which could likely result in injuries. Our team can investigate previous accidents on the landowner’s property to determine if they had knowledge of an ultra-hazardous condition that injured you.
Suing for Willful or Wanton Misconduct
Although landowners owe almost no duty of care to trespassers, they can be sued if they injure a trespasser through wanton and willful misconduct, as per § 18-60-108(a). The Arkansas Supreme Court defines willful and wanton misconduct as a deliberate intention to cause harm, complete indifference, or conscious disregard for other people’s safety. Hidden dangers like those mentioned above could qualify if the trespasser had no way of knowing the risks involved.
Who is More Likely to be Responsible for a Hunting Accident in Arkansas?
While our team will definitely looking the role a landowner played in a hunting accident, the majority of these incidents are caused by other careless hunters. Suppose someone in your hunting party forgot their firearm was loaded with the safety off when they were handling it. Some hunters like to enjoy an adult beverage while hunting, greatly increasing the chances of a serious accident.
Sometimes, though, a gun goes off not because a hunter mishandled it but because it was negligently manufactured, causing a misfile. In other cases, the ammunition might be the problem, which could cause the weapon to go off in your hand.
In other cases, hunters are too far away to identify what they are shooting at, failing to get closer or be sure that it is not another hunter. That is why it is critical to wear the proper hunting equipment in the woods so other hunters can clearly identify you. Otherwise, you might be found comparatively negligent and lose out on some or all the compensation you need for your recovery.
Many other hunting accidents occur when a hunter falls from a defective tree stand or when a harness fails to stop the fall. Most hunters like to climb high into the trees to get the best vantage point. If a tree stand is manufactured improperly and cannot support a hunter’s weight, or the fall arrest system does not work as intended.
Contact Our Personal Injury Lawyers in Arkansas Today to Get Compensation for Your Hunting Damages
For a free case review from our Bella Vista, AR personal injury lawyers, call us today at (479)316-0438.