When hunting on someone else’s private grounds in Texas, it’s essential to know if they owe you any duty of care that would make them liable for injuries you might suffer.
Landowners can be liable for injuries victims sustain in hunting accidents when they show gross negligence, malicious intent, or bad faith. Otherwise, the Texas Recreational Use Statute typically shields private landowners from financial liability. Even when victims can sue private landowners, their compensation may be capped, limiting their recoveries. Because of this, our lawyers may investigate to determine if other parties, such as reckless hunters or negligent equipment manufacturers, may share fault, as this could let you claim greater damages, such as for pain and suffering.
Call The Queenan Law Firm’s Texas personal injury lawyers at (817) 476-1797 for a confidential and free case assessment.
When Are Landowners Liable for Texas Hunting Accidents and Injuries?
When private landowners act with gross negligence, malicious intent, or bad faith, hunters may sue them as an exception to the Texas Recreational Use Statute, which generally protects property owners from financial responsibility for injuries sustained on their lands.
In Texas, landowners don’t have to assure hunters allowed to use their properties that they are safe to hunt on, do not owe hunters a greater duty of care than they would owe a trespasser, and do not bear liability for injuries caused by persons granted permission to use lands for recreational purposes.
The main exception to this rule is if landowners know of defects or concerns but fail to voice them, as this could constitute gross negligence. According to Tex. Civ. Prac. & Rem. Code § 75.002(d), landowners who show gross negligence, malicious intent, or bad faith with their actions can be held liable for damages hunters may sustain, up to a limit.
For example, say a landowner had tree stands on their property for hunters to use when tracking deer or other game. While the landowner does not have a duty of care to assure hunters tree stands are secure or even maintain them, if they knew a tree stand could no longer bear weight and did not remove it or mark it appropriately, that could be considered gross negligence, enabling an injured hunter to seek damages from the landowner. For many other hunting accidents and injuries, landowners are not liable, though our lawyers can closely examine the incident’s circumstances to determine if their conduct gives you a cause of action against them.
Does Texas Limit Damages in Hunting Accident Claims Against Landowners?
When injured hunters can sue landowners for gross negligence, malicious intent, or bad faith acts, their compensation may be limited. The Texas Recreational Use Statute caps damages in these cases, and our lawyers can explain what this could mean for your recovery.
When private landowners maintain liability insurance for their properties and let them be used for recreational purposes, compensation is capped at the following, according to § 75.004: $500,000 per person for bodily injury or death, $1 million per accident for bodily injury or death, and $100,000 per accident for property damage.
These caps are important to consider, as victims’ damages from hunting incidents might exceed them substantially. Fortunately for victims, Texas does not cap compensatory damages in personal injury claims against other parties, such as reckless hunters who mishandle their firearms and shoot other hunters. There aren’t limits on compensation in claims against negligent firearm or equipment manufacturers either. With this in mind, our Austin, TX personal injury lawyers may consider the liability of other parties, as this could maximize the compensation available in your lawsuit and ensure you do not have to cover any expenses yourself. Assuming that the landowner is the only potential liable party could restrict your recovery, which is why further investigations into accidents are typically important.
Who Can You Sue When Landowners Are Not Liable for Texas Hunting Accidents?
As mentioned, parties other than private landowners may be liable for hunting accidents, enabling victims to seek compensation to recover all damages, including pain and suffering. Quickly confirming liability is important so your case is not unnecessarily delayed.
Accidental misfires due to operator inexperience or recklessness could lead to shooting accidents. When this happens, the individual negligent hunter is typically to blame. Remember, the Texas Recreational Use Statute doesn’t impose liability on property owners for the negligent acts of others, meaning you can’t sue the property owner if another hunter is reckless and injures you. However, there would not be any damage caps in your case against the individual hunter, which could enable you to get full compensation for your medical bills, lost wages, and other losses.
The same may be true for accidental misfires or tree stand collapses due to equipment defects. Manufacturers can be liable for these types of accidents, and our lawyers may be able to seek punitive damages for gross negligence in these claims as well. While Texas does limit punitive damages in personal injury cases, the cap is relatively high under § 41.008 and would be paid on top of any compensatory damages awarded to the victim.
Whether landowners, equipment manufacturers, or other hunters are liable for the injuries victims suffer while hunting in Texas, lawsuits must be filed within two years, according to § 16.003. Contacting our attorneys immediately after accidents is crucial, as evidence could get lost or destroyed with time, complicating their recoveries. Furthermore, victims can be barred from getting compensation if they do not meet the filing deadline. Late claims could leave them on the hook for all medical damages, missed income, and pain and suffering they experience, which our lawyers can avoid by swiftly filing lawsuits for victims’ recoveries.
Call Our Texas Injury Lawyers About Your Hunting Accident Now
Call The Queenan Law Firm’s Houston personal injury lawyers for help with your case at (817) 476-1797 today.