With the Illinois hunting season in full swing, it is important to understand your rights while enjoying your hobby. If you are injured in a hunting accident, our lawyers can help decide if you can file a lawsuit for it and against whom.
To recover compensation for a hunting accident, we must identify who owed you a duty of care. In most cases, landowners are not liable for hunting accidents on their property unless they charge or invite you there. However, other hunters do have a duty to act responsibly, so they can usually be sued for negligently handling their weapons and injuring another person. If you used a tree stand and harness correctly but were still injured in a fall, we can direct your claim against the product’s manufacturer. After reporting your accident to the state, contact our team so we can file your lawsuit before the statute of limitations prevents you from recovering compensation.
For a free review of your hunting accident claim with our Illinois personal injury lawyers, call the Rhatigan Law Offices today at (312) 578-8502.
When Should I File a Lawsuit for a Hunting Accident in Illinois?
If you were injured while hunting in Illinois, you might be entitled to file a lawsuit against the negligent party to recover compensation for your damages. Hunting accident claims can be quite complex, and you will want as much time as possible to build your case. Our Illinois personal injury attorneys can help identify the type of hunting accident you were injured in and who can be held responsible for it in a lawsuit.
Types of Hunting Accidents in Illinois
The Illinois Department of Natural Resources (IDNR) classifies hunting accidents into three distinct categories. The most common hunting accidents are “Type A,” which are hunting incidents resulting in injuries or death because of a gun or bow discharging during hunting activities. “Type B” hunting accidents are those involving injury or death but not from the discharge of a firearm or bow. If someone suffers a medical issue or injury unrelated to the act of hunting or during hunting-related activities, the incident is categorized as a “Type C” hunting accident.
To diminish the likelihood of a hunting accident happening, Illinois requires all potential hunters born on or after January 1, 1980, to complete a safety education course and receive a certificate of competency, as per 520 I.L.C.S. § 5/3.2. This does not apply, though, if you have evidence showing you already have an Illinois hunting license or a license issued by another state.
Reporting a Hunting Accident in Illinois
Before filing your lawsuit, you will need to report your hunting accident to the IDNR. According to 520 I.L.C.S. § 5/3.40(b), hunting accidents involving injury or death must be reported within five days of the incident.
While a hunting incident report contains a wealth of information, like party information, how the accident occurred, and the injuries involved, it cannot be used as evidence in a civil claim, as per § 5/3.40(c). Still, reviewing the types of information contained in the form is a good idea, as it will help you understand what facts will usually be important in a lawsuit.
Statute of Limitations for Hunting Accident Claims
Because hunting accidents often result in serious injuries and even death, victims’ damages tend to be extensive. As such, it is vital to begin your case as soon as you are able. In most cases, injured hunters only have two years from the date they are hurt to file a personal injury lawsuit, according to 735 I.L.C.S. § 5/13-202.
However, suppose the accident results in the death of a hunter, and the defendant is charged with homicide, involuntary manslaughter, or reckless homicide. In that case, a wrongful death claim can be filed within one year of the criminal case’s final disposition under 740 I.L.C.S. § 180/2(e). If the defendant acted with violent intentional conduct but was not charged, a lawsuit can be filed within five years from the date of death. For all other wrongful death claims, the limitations period is two years from the date the fatality occurred, as per § 180/2(d). Our team will review the facts of your case to determine if the defendant’s conduct rises above mere negligence into the realm of criminality.
Who Can I Sue for a Hunting Accident in Illinois?
After determining the time limit to file your lawsuit, our lawyers will turn our attention to who should be named as a defendant in it. In some cases, the property owner of the land can be sued. More often, other hunters are responsible for a victim’s damages. Manufacturers can also be held liable if a defective firearm or tree stand caused your injuries.
Property Owners
Under 745 I.L.C.S. § 65/3, known as the “Recreational Use of Land and Water Areas Act,” property owners offering use of the land for recreational purposes do not owe a duty of care to hunters. Further, they owe no duty to warn of the land’s artificial or natural dangerous conditions.
According to § 65/6 (b), landowners can usually only be held liable for a hunting accident if they invite or charge a hunter to use their property. They can also be sued for willfully and wantonly failing to warn or guard against a dangerous condition under § 65/6 (a).
Other Hunters
In many cases, other hunters are responsible for victims’ hunting injuries. Many of these accidents occur because negligent hunters mishandle and discharge their firearms. For instance, keeping a firearm loaded with the safety off when not hunting or keeping a crossbow loaded and uncased.
Tree Stand and Harness Makers
Defective tree stands and harnesses can also cause injuries for which the manufacturer should be held accountable. However, you must ensure you use a fall arrest system or rachet straps properly, or you might be liable for your damages.
Call Our Personal Injury Attorneys in Illinois Today for Help with Your Case
To get a free case assessment, contact our Chicago personal injury attorneys at the Rhatigan Law Offices at (312) 578-8502.
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