13/02/2020 by Andrew Leroy 0 Comments
Tree Stand Injuries
Hunting season is extremely popular in Missouri and Kansas. Tree stand usage is increased when deer hunting season begins in September for Missouri. Those who
Hunting season is extremely popular in Missouri and Kansas. Tree stand usage is increased when deer hunting season begins in September for Missouri. Those who hunt generally worry about bow and gun accidents while hunting. Gun safety and bow safety during their respective seasons must always be on hunters’ minds. What most people do not realize is that there are more tree stand injuries than there are gun injuries during hunting season.
Tree hunting stands are advantageous to the hunter because it provides a place for hunters to safely watch over the forest and to get the best shooting angle. This elevated height makes tree hunting stands desirable, but they are also extremely dangerous. Falls from stands can cause broken bones, punctured organs, and even death.
About five out of every 10,000 deer hunters require medical attention after falling from tree stands while the chances of getting shot are about 90% lower than falling from a tree stand.
How Are Tree Stands Dangerous?
There are many different types of tree stands. There are also many different ways to get up into a tree stand. Each part of the entire operation is a place for something to fail and for the user to get injured. The most popular tree stand is the “hang-on tree stand” which is connected to the tree by way of straps. The hunter then places a ladder on the tree or steps on the tree by straps so that way they can climb into the tree stand.
The tree stand itself generally has a seat for the hunter to sit in while they survey the land, but some tree stands do not. Some tree stands have footrests to put your feet up while waiting. Through the various types of tree stands and ladder systems, the result is the same: you’re 20 feet in the air.
How Do Tree Stands Fail?
As discussed earlier, the way that tree stands are connected to tree is by straps and gravity holding onto the tree. Any one of these items used to put the tree stand in place could fail due to faulty design, product, or user error. We can also trace improper instructions from the manufacturer on how to put the tree stan together, which can lead to improperly assembling the tree stand.
A hunter can fall for any of the above reasons in addition to the following. The weather conditions may make the tree stand platform slippery. If the manufacturer of that tree stand did not take into consideration that their product would be in the elements of the weather and used a type of paint and finish that makes the product slippery, then they may be liable for a hunter’s fall. Additionally, a footrest may become a tripping hazard if it is designed improperly.
Who is Responsible? And What Do I Do?
If you or a loved one were injured from a tree hunting stand accident, then you would need to pursue a product liability claim against the manufacturer and the seller of the tree stand.
Once the product was designed and entered the stream of commerce, you would be able to pursue a claim against those who handled the product from start to finish. It is essential to seek medical attention immediately. You should also take pictures of the scene of the accident without moving anything. It is crucial to preserve how things were at the time of the accident, so you can prove your strict product liability claim.
The elements of a strict products liability claim are:
- The defendant sold a product in the course of its business
- The product was then in a defective condition, unreasonably dangerous when put to a reasonably anticipated use
- The product was used in a manner reasonably anticipated
- The plaintiff was damaged as a direct result of the defective condition that existed when the product was sold. Engel v. Corrigan Co-Mechanical Contractors, Inc., 148 S.W.3d 28 (Mo. App. W.D. 2004).
Personal Injury Lawyers
The attorneys at Bautista LeRoy are experienced trial attorneys with a record of success in advocating and representing their clients in tree stand cases. This success has led to Bautista LeRoy being a member of Kansas City’s Super Lawyers.
If you believe that you or a loved one is entitled to compensation, please contact us at 816-221-0382.