Hunting is a popular outdoor activity in South Carolina. Numerous hunting grounds, fields, and woods exist solely for hunters. Unfortunately, hunting accidents are regular occurrences, and landowners might be responsible, depending on the circumstances. If you were injured while hunting, our legal team can help you take action to get fair compensation.
Various people might be implicated in hunting accidents, including landowners. If a hunting accident is directly related to dangerous conditions on the land, the person who owns the land might be held responsible under premises liability laws. However, certain exceptions exist for owners of land use for recreational outdoor activities, like hunting. Generally, landowners whose land is used for “recreational activities” owe a lesser duty of care. Even so, these exceptions are not absolute, and landowners might still be liable under the right conditions. We need the right strategies and evidence to overcome these legal hurdles and prove your claims.
Ask our South Carolina personal injury lawyers for a free case review by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.
How South Carolina Property Owners Might Be Held Liable for General Accidents
Property owners may be held responsible for general accidents and injuries on their land. According to South Carolina’s premises liability laws, if unsafe conditions on a person’s land directly cause an accident, the landowner may be held liable for the damages. A classic example of a premises liability case is a slip-and-fall accident where a property owner fails to maintain floors or walkways, and a person slips and falls.
Your accident must also be directly connected to the land/property in some way. For example, our Columbia, SC personal injury lawyers might prove liability if the defendant negligently failed to clean up dangerous areas or warn guests about them. For example, suppose there is a serious leak in the restroom of a grocery store. Next, suppose store managers not only allow people to use the restroom but direct them to the restroom when asked, even though the floor is wet, and people might slip and get hurt. In that case, the store owner may be held liable for falling injuries caused by the wet restroom floor.
While property owners are often responsible for certain accidents on their land, hunting accidents are a bit different. According to certain laws, as described in more detail below, landowners are not liable for accidents where injured victims were using the land for various outdoor activities, like hunting. The point of natural landscapes like hunting grounds is that they are unaltered by people. Also, inspecting natural land, like hunting grounds, for dangerous conditions would be an enormous task, and a requirement for waivers might discourage landowners from giving others access to the land. This can make for beautiful natural landscapes, but they may have risks or dangerous areas that property owners are often not responsible for.
Limitations on Liability for South Carolina Property Owners in Hunting Accident Cases
General premises liability laws in South Carolina do not apply to land used for recreational purposes, releasing the owner from liability on land used for hunting. Instead, landowners are only liable when accidents result from their malicious or willful behavior, or if the dangerous conditions stem from gross negligence. You should speak to an attorney about the circumstances surrounding your case to determine if the defendant’s liability is limited.
According to S.C. Code Ann. § 27-3-30, landowners in South Carolina do not owe a duty of care to maintain the premises for the safety of guests using it for recreational purposes. Additionally, property owners do not have to provide any warning of hazardous conditions on the premises. Put another way, landowners cannot always control the conditions of the natural landscape, and they are not responsible for many naturally occurring conditions that might be considered dangerous.
Under § 27-3-10(d), recreational purpose is defined to include various outdoor activities such as fishing, swimming, hunting, camping, hiking, and more. In other words, recreation purposes may be construed to include outdoor sports and recreation.
However, liability is not limited in every possible circumstance. According to § 27-3-60, property owners may still be liable for injuries caused by their gross negligence or a willful or malicious failure to warn guests about dangerous conditions.
How to Prove a Landowner is Responsible for a Hunting Accident in South Carolina
Considering how difficult it might be to find evidence and the fact that landowners may not be liable for accidents related to recreational activities like hunting, proving that the defendant is liable for your accident may be difficult, to say the least. To prepare your case, we should focus on two key factors: legal strategy and evidence.
Our legal strategy should revolve around how the landowner is liable despite laws that otherwise limit their liability. For example, while your actions might constitute recreational activity, the landowner might still be liable if their failure to warn you of dangerous conditions on the land constitutes gross negligence or involves malicious intent. Maybe they did not warn you because they wanted you to get hurt. Maybe the condition was so dangerous that not warning you was extremely grossly negligent. Anything is possible, and your lawyer can help you develop the most effective strategy for your case.
Next, we must consider the evidence we have and what other evidence might be available. Remember, we might know the truth of what happened and how the landowner is responsible, but we must be able to prove it by a preponderance of the evidence. Were there other hunters in the area? Maybe you were hunting with friends. Witnesses to the accident can testify about how you were injured. They might also be able to testify about how the landowner knew about unsafe conditions yet chose not to warn anyone about serious dangers on the land. Still, maybe other evidence is out there. Did the landowner have cameras monitoring the hunting grounds? Did you take photos of the accident scene? Almost anything relevant and admissible may help you.
Speak to Our South Carolina Premises Liability Attorneys About Your Hunting Accident Case
Ask our Myrtle Beach, SC personal injury lawyers for a free case review to get started by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.
