As we come to Father’s Day, we are reminded of the many ways that fathers impact our society and the important role they can play in the lives of their children. We have seen models of fatherhood through the funny, wise, sometimes clumsy sitcom dad or in our own encounters with men who take the responsibility seriously. Each dad is unique, and we salute those that live up to the hype this Father’s Day!
Dad’s around the world can be found working on cars, golfing, or enjoying the outdoors. Their hobbies become part of their personality, and often are so ingrained that when we think of dad, we think about the thing’s dad loves to do. A popular activity among fathers, especially here in Florida, is recreational hunting. This Father’s Day, we will look at some hunting-related cases concerning negligence and rights.
Mary Ann Hilston, et al. v. State of Montana – In this wrongful death action filed by the widow of Timothy Hilston, the courts ruled that the State could not be held liable for the death of Hilston. Hilston was hunting elk on the Blackfoot Clearwater Wildlife Management Area located in Montana when he was attacked and killed by grizzly bears. The Montana Department of Fish, Wildlife and Parks (FWP), in response to recent bear attacks, determined that the best strategy to prevent further attacks was to surround the hunting ground with carcasses prior to Hilston’s fatal incident. Hilston’s estate argued that action actual increased the probability of aggression by the grizzlies. The Court concluded that grizzle bears are a “condition of the property” so the state had no duty to protect Hilston. Always be aware of recent stories of aggression by wild animals in the area.
Don Coonrod v. Wilson Whitetails Inc.– In December 2007, Coonrod was on an exotic game ranch in Texas hunting deer. Coonrod shot a deer and left the group to attempt the retrieve the prize. While looking for the fallen deer, Coonrod was attacked by an Impala, fighting it off by wrestling with its antlers before it was eventually killed by another member of his party. Coonrod suffered injuries that required surgery and sued the owners of the ranch. This claim was settled for $400,000. When out on a hunt, have a good sense of your surroundings and be ready for any dangers that may be waiting.
Cyril B. Korte v. Hunter’s Manufacturing Company, Inc. d/b/a Tenpoint Crossbow Technologies and Cabela’s Retail MO, LLC – In this action, Korte lost a part of his left thumb when the string from a crossbow he had purchased at Cabela’s struck his thumb when he attempted to fire it while hunting deer. Korte claims that Tenpoint was aware of the dangers to user of significant finger or thumb injury and were thus negligent because they failed to provide a guard to provide protection. The parties ended up reaching a settlement in this issue. Manufactures have a duty to make sure their products are safe for the intended use.
Clayvin Herrera v. Wyoming – In this 2019 US Supreme Court Case, it was decided that Wyoming’s admission into the Union did not rescind the Crow Tribe of Indians’ 1868 federal treaty giving them the right to hunt on “unoccupied lands of the United States.” Here, Clayniv Herrera, a member of the Crow Tribe of Indians, tracked a number of elk from the tribe’s reservation onto the Bighorn National Forest in Wyoming. His party shot three elk and were subsequently charged with improper hunting outside of the permitted season. In a split decision, the rights of the Tribe were affirmed. Make sure you have the proper permits and licenses prior to make sure you do not run afoul of applicable rules.
Probably one of the most famous hunting related incidents, Quailgate, involved then United States Vice President Dick Cheney accidentally shooting Texas Attorney Harry Whittington while on a Quail hunt. This unfortunate accident has lived on as a focus of ridicule in popular culture. While not resulting in a lawsuit, it is similar to the final case I would like to share.
James K. Smith v. Edward James Cook – Similar to Quailgate, this incident instead took place during a goose hunt. Smith was stationed in a blind and rose to attempt to shoot a goose. At the same time, Cook stood up with the same intention. Instead of a goose, Cook’s shot hit Smith’s rifle causing it to burst. An almost foot long piece of the barrel of the gun lodged in Smith’s head. This case ended with a settlement of $120,000. Practice patience and clear your shot before taking it.
When it comes to hunting, either due to things such as the gun or bow, or maybe even an animal in the wild, many dangers abound. In terms of firearm safety, here are four quick tips:
- Treat every gun as if it is loaded
- Only point at what you plan on shooting
- Clearly identify your target BEFORE firing
- Keep your finger off the trigger until you are ready to shoot
The key is to enjoy your time on the hunt by respecting nature and using common-sense safety measures. If you or someone you know are injured in a hunting accident due to the negligence of another party, contact us for a free consultation to discuss your rights to compensation.
