Hunting is a popular pastime in Illinois and mostly takes place on other people’s land. If you are injured on someone else’s land, our lawyers can help determine if the landowner can be held liable for your damages.
The state wants hunters and others to have access to property owners’ land for recreational purposes, so the law limits their responsibility for accidents that might occur on it. However, our team can file a lawsuit if they willfully allow a hazardous condition to remain on the land and cause your injuries. More likely, another hunter or defective product caused the accident. Negligent hunters and product manufacturers can be held liable for their carelessness as they do not have special protections limiting their liability.
For a free review of your case, call our Illinois personal injury attorneys at the Rhatigan Law Offices today at (312) 578-8502.
Can I File a Lawsuit Against a Landowner for a Hunting Accident in Illinois?
In Illinois, landowners are given significant protection from liability for hunting accidents occurring on their property. The reason for this limited liability under the Recreational Use of Land and Water Areas Act is to encourage property owners to open up the land to the public for recreational purposes, like hunting. While landowners generally cannot be held liable for a hunting accident, exceptions exist that will allow our Peoria, IL personal injury lawyers to file a claim against them. Fortunately, protection from liability does not extend to other hunters using the land so that we can file a lawsuit against them for negligent or reckless conduct.
Landowners’ Duty of Care to Hunters
Generally, a landowner does not owe you a duty of care if you are legally hunting on their property or trespassing, according to 745 I.L.C.S. § 65/3. They do not need to assure that the land is safe for hunting and are not liable for any natural or artificial hazards or structures on the property under § 65/4. Landowners also bear no responsibility for injuries caused by other hunters entering the premises. They also cannot be held liable for your injuries if you fail to exercise care while using the land.
When Landowners Can Be Sued for a Hunting Accident
Although liability against landowners is heavily restricted, you can sue them in limited circumstances. For instance, § 65/6 (b) allows you to file a lawsuit against a landowner for accidents caused by their negligence if they invite you to hunt on the property or charge you for the privilege.
Property owners can also be held responsible for dangerous conditions, structures, uses, and activities that they wantonly and willfully fail to warn or guard against, according to § 65/6 (a). Our team can investigate whether the landowner knew or reasonably should have known about a dangerous condition and purposefully failed to warn or remove it before you were injured.
What if Someone Other Than the Landowner Caused My Illinois Hunting Accident?
As mentioned, limited landowner liability does not extend to other hunters using the land for recreational purposes. According to Illinois Department of Natural Resources (IDNR) reports, other hunters carelessly mishandling and transporting their firearms is a major cause of hunting accidents in the state. Some hunters do not practice proper muzzle safety, injuring others while loading their firearms and negligently discharging them. The defendant might be in your own hunting party or hunting nearby. Perhaps they were repositioning their weapon when the firearm discharged, or they accidentally discharged it because they were transporting their firearm with live ammunition loaded.
Many other hunting accident injuries are caused by falls when tree stands, and fall arrest systems are defective and fail. For example, suppose you were sitting in your tree stand when the prusik knot failed because it was negligently manufactured, causing the tether and carabiner to disconnect from the tree and you to fall. If the fall arrest system is defective, it can cause serious injuries since many falls are from 10 feet or higher. We can file your claim against the product’s manufacturer or designer in these situations. However, be sure always to have your fall arrest system equipped when using a tree stand because the IDNR will note whether one was in use at the time of the accident. If not, it could cost you compensation for contributing to your injuries.
While rare, a gun manufacturer can be sued if a defective or malfunctioning weapon causes a shooting. If the gun or bow was faulty somehow, it could discharge without another hunter mishandling it. Our lawyers can gather manufacturer records during your lawsuit to determine where the flaw occurred, such as using improper materials that go against the design to assemble the weapon.
How Long Do I Have to a Lawsuit for a Hunting Accident in Illinois?
Most hunting accidents are subject to the same statute of limitations as other types of personal injuries. Under 735 I.L.C.S. § 5/13-202, hunters injured by negligent conduct have two years after the accident to file their claims against the party that caused it. While this sounds like a lot of time, it often flies by, and you will want some time to prepare your claim without rushing to file. If your lawsuit is not filed within the limitations period, you could miss your chance to file a lawsuit at all, leaving you with no way to recover compensation.
Hunting accidents are dangerous because they can easily result in the death of the victim. If you lost a loved one in a hunting incident, you might have more time to file a wrongful death lawsuit. For negligently caused wrongful deaths, a two-year statute of limitations is applied under 740 I.L.C.S. § 180/2(d). You will have five years to file if the death was caused by violent intentional misconduct and one year from the end of a criminal case if the person was charged with a form of homicide, as per § 180/2(e).
Speak with Our Illinois Personal Injury Attorneys Today to Get Your Hunting Accident Claim Started
For a free review of your claim with our Chicago personal injury lawyers, call the Rhatigan Law Offices at (312) 578-8502.
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