Is a Landowner Liable for a Hunting Accident in Massachusetts?

Whether or not landowners bear liability for hunting incidents in Massachusetts could dictate how you get compensation after suffering serious injuries.

Landowners may only be liable for hunting accidents on their properties due to willful, wanton, or reckless conduct. Essentially, we must show the property owner’s gross negligence caused your injuries to file a successful lawsuit against them. When property owners are liable, victims can seek relief for all compensatory damages they have incurred, including hospital bills, lost wages, and non-economic damages. Your cause of action will only exist for three years after the accident, as this is the statute of limitations for personal injury lawsuits. Fail to file on time, and you will not be able to hold a reckless landowner liable, which our attorneys can help avoid by prioritizing your case and recovery.

Call us today at (617) 925-6407 to discuss your case for free with the Massachusetts personal injury lawyers of the Law Office of John J. Sheehan.

When Are Landowners Liable for Massachusetts Hunting Accidents?

When private landowners give the public access to their properties for recreational purposes, which includes hunting, they bear no liability for bodily injury or property damage under most circumstances, according to Mass. Gen. Laws Ch. 21, § 17C(a). The main exception to this is if the landowner’s willful, wanton, or reckless conduct injures a hunter.

To seek damages from landowners, hunters must prove that they intentionally caused their injuries or acted with total disregard for others’ safety. While landowners don’t have to take steps to ensure hunters’ safety in Massachusetts, they should not willfully endanger or harm them, as doing so could make them liable for victims’ resulting damages.

Another instance in which landowners may be liable for hunting accidents in Massachusetts is if they charge a fee, according to § 17C(b). So, if you paid to hunt on someone’s private property and were injured due to ordinary negligence, our lawyers may be able to prepare a compensation claim against the owner immediately.

Landowners will generally not be liable for negligent hunters’ actions. For example, if you were walking through the grounds and a reckless hunter misfired their firearm, striking you, you could file a negligence claim against them. Your lawsuit would not involve the property owner, solely the at-fault hunter. Similarly, if a firearm went off because of a mechanical defect, injuring you, you may have a cause of action against the firearm manufacturer, which we could help you bring.

What Damages Are Landowners Liable for in Massachusetts Hunting Accidents?

Whether you can sue because the landowner charged you a fee and their negligence caused the accident or they demonstrated willful, wanton, or reckless conduct, our attorneys may seek compensation for all relevant damages, starting with your medical expenses.

Economic Damages

Apart from accidental misfires, one of the most common causes of hunting accidents is tree stand collapses. Landowners’ conduct could become reckless if they are aware of a rotting tree stand and its inability to bear weight but refuse to mark it or warn hunters of its dangers. Falling from a tree stand or suffering injuries because a tree stand fell on top of you could be devastating. Traumatic brain injuries are frequently seen in these types of accidents, leading to costly medical bills for surgery, physical therapy, and other rehabilitative treatments. All the while, victims could be unable to work and earn an income to pay for their medical expenses and other damages from an incident. During this time, our Boston personal injury lawyers can identify all compensable economic damages due to the property owner’s willful and wanton conduct so no losses are left uncovered. If our investigation illuminates another liable party, like the tree stand manufacturer, we may also seek economic damages from them.

Non-Economic Damages

If you have a cause of action against a landowner in Massachusetts, our attorneys can also seek relief for your intangible damages. In addition to no longer being able to hunt or work while physically recovering, you might experience feelings of anxiety, depression, or other mental health issues. The pain and suffering associated with serious injuries are compensable, and our lawyers can appropriately quantify these losses after speaking with victims and the mental health experts who evaluate them. Non-economic damages aren’t capped in these personal injury cases, so our lawyers can seek the maximum compensation for pain and suffering, whether the defendant is a reckless landowner, an inexperienced hunter, or a negligent firearm manufacturer.

Punitive Damages

For fatal hunting accidents due to willful, wanton, or reckless conduct, survivors may get punitive damages from liable parties, whether they are landowners, other hunters, or equipment manufacturers. Punitive damages are generally only recoverable in wrongful death cases that establish gross negligence in Massachusetts.

How Much Time Do You Have to Hold Landowners Liable for Hunting Accidents in Massachusetts?

Landowners are only liable for hunting accidents for the length of the statute of limitations. Once three years have passed, victims can no longer seek damages from at-fault parties, regardless of the severity of their conduct, according to Mass. Gen. Laws Ch. 260, § 2A. Swiftly determining liability can help initiate claims sooner so that victims do not risk missing the filing deadlines for their lawsuits.

Immediately, our attorneys can obtain statements from all witnesses who were present during the accident. We can get reports from law enforcement and emergency medical services that responded and have the appropriate qualified experts review relevant equipment from the scene. We will also begin gathering your medical records and itemizing your damages during this time so that we can promptly bring your case well before the statute of limitations runs out.

Call Our Massachusetts Lawyers About Your Hunting Accident Injuries

Call (617) 925-6407 for a free case assessment from the Lowell, MA personal injury lawyers of the Law Office of John J. Sheehan.