Is a Landowner Liable for a Hunting Accident in New York?

As a recreational hunter in New York, it is important to know whether or not landowners owe you a duty of care when you get permission to use their lands and, if not, what that means for a potential injury lawsuit after an accident.

Generally speaking, landowners aren’t liable for hunting accidents in New York. Though there are some exceptions to this, like willful or malicious failure to warn against known and serious dangers, this restricts who victims can seek compensation from after suffering injuries. Typically, liable parties are either negligent hunters who misfire their firearms or manufacturers who produce defective and dangerous equipment. Regardless, any party with legal liability can be held responsible for all damages victims incur from hunting accidents, such as their hospital expenses, missed income, and non-economic damages.

Call The Carrion Law Firm at (718) 841-0083 for a free and confidential case assessment from our New York personal injury lawyers.

Are Landowners Liable for Hunting Accidents in New York?

Landowners in New York who allow hunters to use their properties only bear limited liability for accidents and injuries. Generally speaking, landowners aren’t liable, and our lawyers must identify other parties to hold accountable unless a rare exception applies.

When They Aren’t Liable

New York limits liability for landowners who allow their properties to be used for recreational purposes, such as hunting, according to G.O.B. Law § 9-103(a). Landowners do not have to ensure their properties are safe for hunting or other recreational activities, and being granted permission to hunt on their lands does not give hunters any additional protection – they still likely cannot sue the landowner for most injuries. For example, landowners aren’t liable for hunters tripping and falling over the typical hazards you might find on hunting lands, like branches, rocks, or divots in the ground, and suffering injuries.

Landowners aren’t liable for injuries sustained in many other accidents as well. For example, suppose you fell from a tree stand after getting permission to hunt on private lands in New York. The landowner doesn’t owe you a duty of care to ensure tree stands are safe, but the tree stand manufacturer does. If equipment was improperly designed to hold the appropriate weight, it might collapse, seriously injuring hunters. In such instances, our Long Island personal injury lawyers may be able to bring claims against tree stand manufacturers for compensatory damages.

We can take a similar approach to claims for accidental misfires or shooting accidents involving other hunters who also had permission to use the land. In these instances, injured hunters’ negligence claims would be against the individual hunter whose recklessness injured them and not the landowner.

When They Are Liable

However, New York does not totally eliminate a landowner’s liability for hunting accidents. According to § 9-103(2)(a), landowners willfully or maliciously failing to inform hunters of known dangerous property conditions or structures could make them liable for injuries. Furthermore, charging a fee to use one’s property for recreational purposes like hunting could create liability for landowners, which our attorneys can help explore after accidents. Finally, landowners can be liable for hunting accidents if they give permission for hunters to use their property, and those individuals then injured someone the landowner had a legal duty to protect. Though landowners who let hunters use their properties are rarely liable for accidents and injuries, they can be, and our attorneys can help victims in these situations hold them accountable.

How to Determine Liability for a New York Hunting Accident

Some hunting accidents are cut and dry, while others are more complicated, requiring our attorneys to review police reports, witness statements, and other evidence to determine liability.

We’ll start by reviewing what exactly happened. Many injuries from hunting accidents come from misfires or hunters mistaking others for game. If you suffered a gunshot wound, calling the police is crucial so that paramedics can quickly reach you and law enforcement can collect the appropriate information. While the individual whose firearm misfired may be liable, so could the firearm manufacturer if the equipment was defective. This could help maximize the damages in your case, and we may involve expert witnesses to testify about equipment failure.

Remember, landowners may be liable for personal injuries after charging hunters fees to use their land, so inform our attorneys if you paid any fee. If you did and fell from a negligently maintained tree stand, for example, the landowner could be responsible for covering your damages, allowing us to file a lawsuit against them in court.

To sue landowners under exceptions to their limited liability in New York when victims have not paid fees to hunt on private lands, our lawyers must prove them. For example, when suing for willful or malicious failure to warn of hazardous, we would have to establish that the landowner knew of an unstable tree stand, was aware of the risk to hunters allowed on their property, and repeatedly failed to address it, make it inaccessible, or warn hunters entering their property of its likely danger.

What Hunting Accident Damages Can Landowners Be Liable for in New York?

If legally liable for a hunter’s injuries, a landowner can be held responsible for covering all of their economic and non-economic damages. This is the case for any defendant found at fault for a plaintiff’s injuries.

Compensable damages typically include victims’ medical bills, lost wages, and their pain and suffering. Our attorneys can help you anticipate your recovery after monitoring your losses and calculating your total damages. Compensation won’t come from the landowner if they aren’t liable, in which case our attorneys will determine if other parties could be at fault and file recovery claims against them for the same damages.

Call Our Attorneys to Discuss Your New York Hunting Accident Case

Call The Carrion Law Firm for help from our Brooklyn, NY personal injury lawyers at (718) 841-0083.