The Case
A group of hunters organized a deer drive—a hunting method in which some hunters move through an area to push deer toward other hunters positioned in specific locations. One of the participants was a novice hunter who had been assigned a particular location.
The defendant, who organized the hunt, fired his weapon toward both the building and the location where the novice hunter had been stationed. This violated fundamental hunting safety rules, which require hunters to know their target and what lies beyond it before firing.
Buckshot from the defendant’s gun struck the novice hunter between the eyes. She died instantly.
The family pursued extensive investigation to identify potential sources of recovery, including insurance coverage and the defendant’s personal assets. They brought a civil wrongful death claim based on the defendant’s negligent and reckless conduct.
The Defense
Hunting accidents often present coverage issues. Homeowners insurance policies typically exclude intentional acts and sometimes exclude hunting-related incidents. Establishing that coverage exists and that the shooting was negligent rather than intentional can be critical to recovery.
The defendant may have argued that the shooting was an accident or that the victim assumed the risk by participating in the hunt. However, assumption of risk does not apply when the defendant violates basic safety rules that exist to prevent exactly this type of tragedy.
The Resolution
The civil wrongful death case settled for $1,100,000 after mediation. The settlement reflected the egregious nature of the safety violations, the investigation that identified coverage and assets, and the devastating loss of life.
After the civil case resolved, the defendant faced criminal charges. He pleaded guilty to felony involuntary manslaughter on the eve of his criminal trial.
Why These Cases Matter
Hunting safety rules exist to prevent deaths. Firing toward buildings or toward known hunter locations violates the most basic principle of safe hunting: know your target and what is beyond it. When these rules are ignored, people die.
Novice hunters are especially vulnerable. They trust experienced hunters to follow safety protocols and to create a safe environment. Organizers of hunts have a heightened responsibility to ensure that all participants understand the plan and that no one fires in unsafe directions.
Civil wrongful death cases can proceed even when criminal charges are pending or have been resolved. The standards of proof differ—criminal cases require proof beyond a reasonable doubt, while civil cases require proof by a preponderance of the evidence (more likely than not). A defendant can be found liable in civil court even if criminal charges are not filed, or can face both civil liability and criminal conviction.
Insurance coverage in hunting accident cases requires careful investigation. Policies may cover negligent acts even if they exclude intentional conduct. The distinction between negligence and intent can determine whether any coverage exists.
Families who lose loved ones in hunting accidents often struggle to find attorneys willing to take these cases due to coverage uncertainties and the complexity of firearms-related litigation. These cases require thorough investigation and a willingness to pursue all potential sources of recovery.
If you lost a family member in a hunting accident or other firearms-related incident caused by someone else’s negligence or reckless conduct, contact us to discuss your case. We handle wrongful death cases on a contingency basis—there is no fee unless we recover compensation for you.