Hunting can produce casualties not only among wild animals, but also among those who hunt them. According to a recent study, 37% of accidental deaths caused by a firearm result from accidents that occurred during hunting activities.
What is the hunter’s responsibility when shooting his hunting companion by accident? In this article, we study the different cases that can give rise to a civil lawsuit.
Legal action against the shooter
According to the fundamental principle of civil liability, every person has the obligation to make reparation for damage caused as a result of wrongful act or negligence on his part. This principle also applies in the event of hunting accidents.
To be entitled to a remedy against a hunter who has caused you harm, you must demonstrate the three criteria of civil liability: fault, damage and causation.
Let’s take the example of a person who is seriously wounded in the arm by a bullet during a hunting party and who has remained with permanent sequelae. Among other things, she is no longer able to hold her job as a legal secretary and has a 5 cm scar on her right forearm. In addition, she has been off work for 4 months and needs to do physiotherapy. Eventually, she can no longer practice her favorite sport, tennis.
First, it must be proved that the hunter who fired a bullet committed a fault. This element may be easy to prove in some cases, but may be less obvious in others. For example, it is necessary to verify the existence of an agreement on the conduct of the hunting party and whether the parties have complied with it. It is also necessary to verify whether the person who fired was negligent with his firearm.
Second, the damage must be proved. In the present case, these are loss of wages, medical expenses, aesthetic damage and various disorders and inconveniences.
Finally, it is necessary to be able to establish the causal link between the damage suffered and the fault of the hunter, that is to say that it is the wound caused by bullet during the hunting activity that caused all this damage to the victim.
Shared responsibility with the victim
Even if the victim can prove the three criteria of civil liability, there are certain situations where his own liability can be incurred.
Let’s take the example of a file in which individuals go on hunting trips. They decide to remove their orange bibs and separate to have more chances to catch a game. After a while, one of the hunters sees movement and hears noises. He does not see very well, but he shoots, believing that he is thus reaching the animal, but injuring his hunting companion.
In this case, the Court concluded that the two hunters were jointly and severally liable for the damage suffered. Indeed, the victim is partially responsible for the misfortune he suffered, because he was not wearing his bib and did not comply with the Regulation respecting hunting activities. However, the judge concluded that they were responsible to varying degrees, since shooting without clearly identifying the target is a more serious fault than removing his fluorescent bib.
Each case must be analysed individually and a victim of bodily injury has the right to receive fair compensation for the damage he has suffered. If you have suffered bodily injury as a result of a hunting accident, contact our office so that we can analyze your file.
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