Utah Hunting Accidents: Common Causes and Legal Recourse - Eisenberg & Gilchrist, LLC
As the hunting season is upon us and year after year hunting accidents happen, you need to know your rights when someone is injured.

November 08, 2010 /24-7PressRelease/ -- Utah's rugged wilderness provides an ideal hunting opportunity to sportsmen and sportswomen. The abundance of deer, elk, bighorn sheep, black bears, cougars, rabbits, falcons, doves, pigeons, grouse, partridges, waterfowl, pheasants and quail provide ample prey upon both public and private land. Whether the hunter's weapon is a bow, slingshot, rifle, shotgun or other firearm, there remains a significant risk of a hunting accident.

Some of the most common causes of hunting accidents include:
- Gun malfunctions or defects: These hunting accidents are probably the scariest because they are virtually unavoidable. A product defect in the safety mechanism or a trigger defect can cause serious injury or death. The Remington 700 rifle has recently been in the national spotlight for its apparent propensity to fire without the hunter pulling the trigger. The USA Today reports that the defect in this rifle has resulted in at least 75 lawsuits.
- Unsafe handling of firearms: Sometimes hunters are negligent or careless in handling their weapons. Dropping a gun can result in an accidental discharge. Driving with loaded weapons in a vehicle can also result in an accidental firing. Failure to use the gun's safety mechanism, or a modification of the device, can have devastating consequences.
- Accidentally firing at another hunter: Hunters may swing their firearm to follow prey across their line of sight and accidentally fire at a fellow hunter. This accident usually occurs when hunting birds or small game.
- Negligently firing at an unidentified target: Sometimes inexperienced or intoxicated hunters shoot at an apparent target without first properly identifying it as game. Tragically, another hunter can be the unknown target.
With the exception of manufacturing defects in a weapon, the common scenarios for hunting accidents also have a variety of factors that increase the chance of death or injury. The following behaviors raise the risk of a hunting accident:
- Alcohol consumption
- Use of illegal or prescription drugs
- Sleep deprivation
- Hunter inexperience
- Failure to take an approved hunting safety course
- Use of modified firearms or bows
- Use of improper ammo

Legal Rights after an Accident
When a Utah hunter's injury is due to the negligence of a fellow hunter or a manufacturer's defect, he or she has the right to file a personal injury lawsuit to hold the wrongdoer accountable for the resulting damage. Medical costs, loss of income and resulting disability or disfigurement are types of compensation an injured hunter may recover.

If a hunter is tragically killed in the hunting accident, the surviving family may also bring a wrongful death claim. This type of case allows the victim's survivors to recover compensation for financial losses and emotional suffering caused by the fatal hunting accident.

It is always in your best interest to contact an experienced Utah personal injury attorney when you or a loved one has been harmed in a hunting mishap. A reputable lawyer will work hard to examine the accident and identify the legal recourse available so you and your family can focus on the healing process.

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