Fredericksburg Gun Accident Attorney
Hunting accidents can be devastating. In the blink of an eye, a hunter can suffer—or cause—severe injuries or even loss of life.
If you or a loved one was injured in a hunting accident, get legal advice as soon as possible to understand whom you may hold liable, and whether Virginia law entitles you to compensation. If you have been impacted by a hunting accident, contact the lawyers at The Law Offices of Emroch & Kilduff at (804) 358-1568 or online to discuss your case and learn if you qualify for compensation.
The Law Offices of Emroch & Kilduff have experience in hunting accidents and the product defects or negligence that may cause them. We have helped clients recover damages for hunting accidents, and we would like to hear the details of your case to determine if we can help you, too.
Common Hunting Accidents
A range of injuries can be caused by hunting accidents. Common types of accidents include:
- Defective deer stands that cause falls
- Shooting another person instead of targeted game by hunting too close together, aiming in the wrong direction, or hunting without taking notice of the location of other hunters and/or people
- Dropped guns
- Gun defects that cause a gun to fire when the trigger has not been pulled
- Ammunition defects that cause unpredictable results or damage to the shooter or others upon use
- Defective modifications or accessories that malfunction, like pistol grips, scopes, stocks, magazines, holsters, and mounts
The Liable Parties Aren’t Just Other Hunters
One or several liable parties may have contributed to a hunting accident. These may include manufacturers, distributors, and retailers if the accident was caused by a product defect, or other hunters if the accident was caused by negligence.
- Manufacturers design and market the products hunters use, including guns, ammunition, and other equipment like clothing and stands. Manufacturers can be any type of entity, from a large multinational corporation with extensive research and design resources, to an individual entrepreneur who has designed and built something in his or her garage. Products with multiple components may have several manufacturers.
- Distributors operate between the manufacturer and the retailer. They bear responsibility if they have knowingly wholesaled a defective hunting product, or modified a product before sending it to the retailer.
- Retailers sell hunting products, and by offering products for sale, they give consumers implied warranties of merchantability, fitness for purpose, and safety. Retailers, therefore, may bear responsibility for product defect injuries even if they did not design or build the product, or did not know the product was defective or had been modified.
- Regardless of whether another hunter is part of the injured person’s own hunting party or is unknown to them, they have a duty of care to others. Breach of that duty may mean they are liable for damages they cause.
Hunting Accidents Cause More Damage Than You Might Think
Damages for hunting accidents may include:
- Medical costs, including ambulance rides, hospitalization, doctor visits, X-rays, scans, surgery, and prescription drugs
- Property damage
- Lost wages
- Lost earning capacity
- Rehabilitation and recovery costs, including assistive devices
- Long-term care costs
- Pain and suffering
Liable Parties Fight to Avoid Liability and Paying Damages
Virginia has a strict contributory negligence rule, providing an incentive for defendants to shift blame to plaintiffs. Contributory negligence means that if injured parties contributed to their injuries, they cannot recover damages.
Defense attorneys may try to argue contributory negligence in court to completely avoid paying damages. To minimize losses and eliminate costly litigation, they may use it to force a defendant to accept an early settlement offer—one that doesn’t compensate for real or projected damages.
Experienced personal injury lawyers will challenge these tactics, and work to ensure defendants face full liability for the damages they caused.
Injured in a Hunting Accident? Call Emroch and Kilduff for Help
If you were injured in a hunting accident, you may already face medical bills and lost income. We offer free consultations to discuss potential cases. If we agree to pursue your claim, you will not pay attorney’s fees and litigation costs upfront. Personal injury cases are often handled on a contingent fee basis, meaning the lawyer will deduct fees and expenses from any eventual settlement or judgment. This means you can focus on your recovery, without worrying about legal bills on top of everything else.
If you or someone you love was hurt in a hunting accident, don’t wait to contact a lawyer. You need an advocate to represent you whether a settlement is possible or litigation is necessary. Contact The Law Offices of Emroch and Kilduff online, or call (804) 358-1568 today and schedule a free consultation.