Hunting Accident and Its Civil Liabilities
If you’ve suffered from a hunting accident, you might be surprised to learn that resolving it in court actually varies depending on which state you live in. Some states choose to treat hunting accidents as liability concerns, because of the nature of loaded weapons, while others treat it as intentional battery against another person. Regardless of how the state chooses to treat the accident claim though, the process for resolving it is virtually the same. As always, it’s recommended that you contact Charleston hunting accident lawyers if you think you might have a case. Still, this should serve as an effective overview of what the process is like and what you can expect throughout the course of a hunting accident case.
Regardless of how the accident occurred, the primary factor in an accident case of this nature is to prove that the hunter was acting negligent. Or, put another way, that the hunter breached their “duty” of responsibility to the person who suffered the accident. This is not unlike many other liability cases, in which the plaintiff seeks to prove that the defendant was acting irresponsible and legally negligent.
Despite what many people might assume about hunting accidents though, there are some cases in which the hunter themselves may not face the sole blame from the accident. For instance, a faulty gun could make the manufacturer subject to an accident claim. Similarly, a training facility may be held liable if it was their improper training that led to the accident.
After determining who might be at fault, the next stage is to establish negligence. This can be accomplished through a variety of means, depending on the specifics of an individual case. Typically, the court will look at the hunter’s experience, the hunter’s behavior before and after the accident, and the circumstances surrounding the specific hunt when the accident occurred. All of these factors are helpful in determining not just who was at fault, but to what degree as well.
As always, your best bet at resolving an accident claim in your favor is to find Charleston hunting accident lawyers who you can trust to treat your case with respect.
If you have a concern about your legal rights, remedies, and obligations contact the experienced lawyers of the Law Office of Freeman & Chiartas.