$700,000 Tree Stand Case
At Bautista LeRoy LLC, we have extensive experience investigating and litigating tree stand injuries from falls and defective equipment. Hunting season is extremely popular in Missouri and Kansas, as is tree stand use. Those who hunt generally worry about bow and gun accidents while hunting. In Missouri and Kansas, there are more tree stand injuries than gunshot injuries during hunting season.
Falls from tree stands can cause injuries including broken legs and arms, punctured organs, and even death. About five out of every 10,000 hunters require medical attention after falling from a tree stand.
Hunting Accident Injury Attorney
Along with falling from a tree stand, there are other unforeseen dangers that occur while hunters are in tree stands. Some injuries are caused from hunters falling from stands because the straps holding the tree stand to the tree are inferior or poorly designed. Other injuries occur from the collapse of stand accessories, such as, the ladders, steps, and pegs used to get up the tree. Poorly designed or defective tree stands, and equipment can cause serious injury to hunters. Hunters may suffer strangulation, traumatic brain injuries, broken bones, and even death.
Under the laws of Missouri, a product may be considered defective if it meets one of the following elements:
- Design Defect: This defect deals with the overall design of the product or a specific part of the product. A design defect investigates the design principles and how the product was engineered from paper to being sold on the store shelves. The manufacturer must consider any and all foreseeable uses from the consumer.
- Manufacturer Defect: These defects occur when there is an error made during assembly process, such as, an improper weld or failing to secure a bolt. This defect does not apply to all product models, but just the specific product that caused the injury.
- Warning, Marketing or Label Defects: This defect occurs when manufacturers do not inform the consumer of how the product should be used or warn the user about what injuries may occur if the product is improperly used. These claims can be brought against the distributor, manufacturer, wholesalers, and any retailers.
Call Bautista LeRoy LLC, if you or a loved one has been injured using a tree stand or defective equipment for a tree stand. Give us a call at or contact us online.
Summary
Treestands are very convenient for hunters, as they can have a great vantage point. However, there are many reports of fall risks that can cause severe injuries to individuals. When it is found that the root cause of the treestand accident is negligence, it could lead to legal matters.
The Bautista LeRoy LLC has a legal team with experience in handling cases involving injured hunters. Our attorneys specialize in representing tree stand injury cases and have recovered $700,000 for an injured client.
When a treestand is defective, it can injure a hunter, and they could suffer:
- Broken arms or legs
- Punctured organs
- Traumatic brain injuries
- Strangulation
- Fatal injuries
Injured hunters can pursue legal action when a treestand proves to be defective. These types of cases usually involve issues, such as:
- Design defects
- Manufacturing defects
- Warning or labeling failures
Product safety and warnings are very important to protect hunters when using a treestand. Failure to do so could have long-lasting consequences for a person's physical health. The Bautista LeRoy legal team can help you with the process of securing proper compensation for recovery. Visit www.bautistaleroy.com or call 816-221-0382 for consultation.
What Should I Do After A Treestand Fall Accident?
When you get into a treestand accident, you might get confused at first. However, it is important to stay calm and act right away:
- Move to safety, if able
- Call for medical help
- Preserve the equipment
- Take photos of: stand, straps and area (if you can)
When To Contact A Treestand Accident Attorney?
Involving an attorney early can be a great advantage, as they have more time to secure evidence. They can also effectively check the stand and get witness statement.
Can A Company Be Held Liable For A Defective Equipment?
Yes, their failure to ensure safety can make them responsible, especially if:
- Stand collapses
- Strap fails
- Locking mechanism breaks
A thorough investigation can accurately assign fault.
What Compensation Might Injured Victims Pursue After A Treestand Fall Accident?
There are several damages an individual can recover, especially if the tree stand accident is severe. That includes:
- Medical bills
- Lost income
- Rehabilitation costs
- Long-term impact
Do I Still Have A Case If I Was Partly Responsible?
Yes, as in most states, shared fault does not always mean losing your rights to pursue a claim.
