Hunting Accidents, Shooting Injuries
Central New York State is a hunting paradise. Wooded areas abound, and so do the deer, wild turkeys, pheasants and other game. Because hunting involves the use of a dangerous instrument, including many different types of firearms, such as shot guns, rifles, or other guns, and even bows and arrows, it can be dangerous.
But hunting is not really so dangerous compared to other outdoor sports. For example, boating is more dangerous than hunting. But still, terrible accidents happen when hunters break important hunting safety rules. Important hunting safety rules include: Assume that all guns are loaded, keep the action and barrel clear of all obstructions, store guns away from children, unloaded, with safety engaged, never point a gun, even an unloaded one, at any one or thing you don't want to shoot, don't mix alcohol and hunting and identify your target before firing.
When a hunter accidentally shoots at another hunter and wounds, injures or kills him, the hunter who fired is almost always going to be held liable. Sometimes, however, the injured hunter is partially at fault for moving into the other hunter's line of fire. One of the most frequent causes of hunters shooting other hunters is when they mistake other hunters for game. Gunshot injuries happen most often between members of the same hunting party or family. Hunters who wear orange blaze reduce the risk of being mistaken for game and shot. Still, whether other hunters are wearing orange blaze or not, all hunters have a duty to make sure they identify their target before pulling the trigger, and they can be held liable where they mistake a person for game and shoot him or her.
The New York State Department of Environmental Conservation is charged with investigating hunting accidents and injuries. Fines and penalties may be imposed when hunters injure or kill others after breaking hunting safety regulations. Often local district attorneys prosecute hunters for unintentional "assault", "negligent homicide" or "criminal negligence" when they unintentionally, but negligently or recklessly, injury others with their firearms.
A hunter's homeowner's insurance often pays for the medical expenses, lost wages, pain and suffering, or wrongful death of people the hunter accidentally kills, maims or injures while hunting. To process a personal injury claim against a hunter, and his homeowner's insurance, a skilled hunting accident lawyer is a "must".
The Auburn, New York hunting accident attorneys of Michaels & Smolak have recovered millions of dollars for clients injured in hunting accidents and for other injuries to cover their medical bills, lost earnings, pain and suffering, and more. If you or a loved one has been a victim of a hunting or shooting accident, CONTACT US for a free consultation with an experienced lawyer who can inform you of your legal rights and maximize your compensation.