Hunting in Michigan is a cherished and time-honored activity. People hunt for recreation, tradition, food, or the challenge of tracking game. For many, hunting represents a way to connect with nature or bond with family and friends. For others, hunting is an important part of conservation and wildlife management.

Despite the enjoyment and sense of purpose hunting can bring, it is an inherently dangerous activity that carries the risk of serious injury or death. A hunting injury can happen in an instant, with the potential to change someone’s life forever.

What Are the Four Main Causes of Hunting Incidents?

Hunting mishaps can happen for many reasons. The most common causes of hunting accidents in Michigan are:

• Someone moving into the hunter’s line of fire.
• Injuries caused by a defective product, such as a defective crossbow or a fall from a defective treestand.
• A hunter swinging to fire, unaware that someone is standing in the way.
• An individual who is out of sight or is misidentified because they are at a distance from the hunter.

Who Can Be Liable for a Michigan Hunting Injury?

When a hunting accident occurs, determining who is liable can be a complex and challenging process. Liability can vary depending on local law and the specific circumstances of the incident.

In general, four categories of defendants might be liable for a hunting accident:

• The hunter can be responsible if they were negligent or reckless.
• The hunting party as a whole could be held accountable for injuries caused by their collective actions. This may include guides, organizers, and fellow hunters.
• The property owner could be liable if they failed to provide a safe environment or warn others about known hazards on their property.
• The manufacturer of a defective firearm or other hunting equipment may be liable if the accident was caused by a defective product.

Seeking Compensation for Injuries or Death Caused by a Michigan Hunting Accident

When someone is injured or killed in a hunting accident, the injured person or their family can file a lawsuit to hold the responsible party liable. In most cases, this requires a finding of negligence. To establish negligence in a hunting accident, the injured party or their family must prove the following:

• The defendant owed a duty of care to the injured party. In cases involving Michigan hunting accidents, all participants must act responsibly, follow hunting regulations, and ensure the safety of themselves and others.
• The defendant breached the duty of care by failing to exercise the level of care expected under the circumstances, such as by mishandling a firearm, disregarding a safety rule, or failing to warn about known hazards.
• The breach of duty was the direct cause of the hunting accident.
• The injured person suffered actual damages as a result of the accident, such as medical expenses, property damage, loss of income, pain and suffering, or death.

Michigan applies a “modified comparative negligence” standard to determine compensation for personal injuries. This means the injured party’s financial recovery can be reduced by the amount of fault attributed to them. Victims must be less than 50% at fault to recover non-economic damages such as pain and suffering. For example, suppose a hunter had been consuming alcohol prior to the hunting accident and was intoxicated. If the hunter was found to be 25% responsible, their financial recovery would be reduced by 25%.

Tips to Avoid a Michigan Hunting Accident

All hunters are expected to follow the law and take reasonable precautions to ensure their own safety and the safety of others. By following these tips, hunters can reduce the likelihood of a severe Michigan hunting accident:

• Treat every firearm as if it is loaded, even if you believe it is not.
• Have your gear inspected and serviced before every season to ensure everything functions properly and that batteries are fully charged.
• Never hunt without first telling someone where you are going and when you expect to return.
• Before you hunt, open the firearm’s action and check the muzzle for obstructions.
• Never point a firearm or bow at anything you do not intend to shoot.
• Identify your target clearly and be aware of what is in front of and beyond it.
• Do not use your scope to identify a target; use binoculars instead.
• Carry a charged cellphone in a waterproof bag for use in emergencies.
• Unload firearms and unstring conventional bows when not in use.
• Wear hearing and eye protection, as well as appropriate hunting gear and outerwear.
• Do not drink alcohol or take drugs before or while handling firearms or bows and arrows.

Do I Need a Lawyer for a Hunting Accident in Michigan?

When a hunting accident causes severe injuries or wrongful death, the Michigan hunting accident attorneys at Muth Law, P.C. can help you and your family recover the compensation they deserve. Legal claims for hunting accidents can be complex, and resolving these challenging legal issues often requires assistance from an experienced Michigan hunting accident attorney.

Contact Muth Law Today

If you were injured or a loved one was killed in a Michigan hunting accident, Muth Law can help. Our law office is based in Ann Arbor, and we represent injured people in Ypsilanti, Ann Arbor, Washtenaw County, and throughout Michigan. Please contact us to schedule a free, confidential consultation to discuss your hunting accident injury matter.

Call 734-481-8800 or contact us via e-mail. We look forward to serving your family.