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Can You Sue for a Hunting Accident in South Carolina?

Hunting accidents, like many accidents, are often not accidents at all. They result from someone’s carelessness and negligence, and they should be held accountable. Exactly who should be held responsible for your injuries depends on how your accidents happened. Hunting injuries are often severe, and you may be entitled to significant financial compensation.

Hunting is known for being a dangerous activity, but even when hunters take all necessary and reasonable precautions, others might still act negligently and cause injuries. Determining whom to hold responsible often depends on the nature of the accident. For example, if your gun misfired due to a defect, the manufacturer might be responsible. If you were shot by another hunter who was hunting while intoxicated, they might be responsible. In some cases, defendants try to shift blame by arguing that plaintiffs negligently contributed to accidents, so we must be prepared to refute such allegations. Beginning a civil case for damages starts with a call to an experienced lawyer.

Call our Columbia, SC personal injury attorneys at Burriss Ridgeway Injury Lawyers at (803) 451-4000 and get a free, confidential case review to begin.

Suing for Hunting Accidents and Injuries in South Carolina

When hunters are injured, people sometimes unfairly blame them for their injuries. Hunting is an inherently dangerous activity, and people are often quick to lay blame on the injured hunter. However, this is often inaccurate. Hunting accidents may stem from a wide variety of factors, and numerous people other than the injured hunter might be responsible. If you were injured in a hunting accident, you may sue the person or people responsible.

Your claims depend on how the accident occurred and who was involved. Was another hunter involved? If so, perhaps they did something negligent to cause your injuries. If your accident was related to a firearm, our South Carolina personal injury attorneys can help you contact the police, as firearm incidents and criminal charges tend to overlap. Whatever the case may be, you should get to a hospital for treatment immediately, as hunting injuries tend to be severe.

Again, hunting is an inherently dangerous activity, and you should be prepared to prove that you took the correct and necessary precautions. If you do not, you risk losing compensation or losing the case altogether, as a jury might be convinced that your own negligence led to your injuries.

Suing for hunting accidents might be more necessary than you first think. Injuries are often severe, and plaintiffs often incur enormous medical debts. They might also lose income while they are unable to work due to their injuries. A lawsuit might be the best way to get financial compensation so you can continue supporting yourself and your family while you recover.

Who Might Be Responsible for Hunting Accidents in South Carolina?

Numerous people might be involved, and one or several might be responsible in some way. In many cases, plaintiffs are not exactly sure who is to blame until they and their lawyer have conducted a thorough investigation and review of the evidence.

In many cases, another hunter is at fault for an accident. Hunting is very dangerous, even at the best of times, and hunters often rely on each other to remain safe. Even if you took all the right precautions while out hunting, someone else might not have. Hunters have been shot by other hunters who were negligent and not paying attention to their surroundings or being mindful of gun safety.

In other cases, hunters are injured by their own firearms. While this is somewhat less common, it is still possible. For example, you might get hurt if your firearm is defective. Maybe you turned the safety on, but it failed due to a defect in the design, and you accidentally shot yourself or someone else. The manufacturer of your firearm should be held accountable for the faulty firearm.

Property owners usually cannot be blamed for hunting accidents. Recreational landowners in South Carolina have no duty of care to keep hunters safe from dangerous conditions on their property under S.C. Code Ann. § 27-3-30. Unless their conduct constitutes gross negligence or willful/malicious conduct under § 27-3-60, you usually cannot sue property owners for hunting accidents.

How a Hunting Accident Victim Might Be Held Responsible for Their Own Injuries in South Carolina

Although this may be a difficult conversation to have, you should speak to your attorney about how you might be held partially responsible for the accident. Since hunting is a dangerous activity on its own, and negligent hunters might just as easily hurt themselves as they might another person, defendants often try to claim that plaintiffs somehow caused their own injuries. Your attorney can help you prepare to rebut these claims if they come up.

If the defendant in your case tries to argue that you contributed to the accident, rules of comparative negligence may come into play. According to S.C. Code Ann. § 15-38-15(A), plaintiffs found to be partially responsible for their injuries may have their damages reduced in proportion to their share of liability. For example, if a court determines that a plaintiff is 20% responsible, their overall damages award may be reduced by 20%. If a plaintiff is found to be more than 50% responsible, they may be completely barred from recovery.

How to Begin a Civil Case for Hunting Accidents and Injuries in South Carolina

To start your case, you should get to a hospital immediately. Hunting injuries are often very serious, and you might need emergency medical care. Additionally, we need your injuries to be thoroughly and accurately documented. The sooner you see a doctor, the more accurate your medical records will be.

Next, consider contacting the police about the accident. This might be a good idea if your hunting accident is related to a firearm. Guns are heavily regulated, and numerous laws must be adhered to for hunting to be safe and legal. If the defendant injured you because they violated a law related to firearms or gun safety, they might face criminal charges. As such, reporting the incident to the authorities might be in your best interest, as they can conduct an investigation, uncover evidence, and possibly arrest the defendant.

Finally, call a lawyer. The longer you wait to talk to an attorney, the less time you have to prepare your claims and gather evidence. Not only that, but evidence has a habit of disappearing if it is not collected quickly enough. In short, waiting too long to begin your case might make it much harder to prove your claims in court.

Contact Our South Carolina Personal Injury Attorneys About Your Hunting Injuries

Call our Lexington, SC personal injury attorneys at Burriss Ridgeway Injury Lawyers at (803) 451-4000 and get a free, confidential case review to begin.