As a hunter yourself, it is important to know if landowners who let hunters use their properties are responsible for the injuries and damages they might suffer in Maryland and, if so, what sort of compensation victims can seek.
Maryland typically only imposes liability for hunting accidents on landowners who injure victims through willful or malicious conduct. Unless that is the hunter paid a fee to use the land, in which case they may get damages without proving gross negligence. To prove liability in your upcoming lawsuit, our lawyer must preserve evidence so we will promptly interview eyewitnesses, get incident reports, and review photos from the scene. We will monitor to monitor damages as you incur them so we can prove your losses if your case goes to court. The complaint we file in court will seek relief for all economic and non-economic damages you sustained, as well as requests for punitive damages.
Call (410) 694-7291 today to discuss your case for free with Rice, Murtha & Psoras’ Maryland personal injury lawyers.
Does Maryland Let Victims Hold Landowners Liable for Hunting Accidents?
When landowners let individuals use their land for recreational purposes like hunting and don’t charge a fee, they do not owe them a duty of care. This greatly limits landowners’ liability for injuries and damages, but that does not mean you do not have a case.
Md. Code, Nat. Res., § 5-1104 and § 5-1106(a)(1), landowners generally only bear liability for accidents due to their willful or malicious failure to warn against a dangerous condition, structure, use, or activity unless they charge a fee to hunters using their land. When hunters pay to use private grounds in Maryland and suffer injuries, they may be able to sue landowners for ordinary negligence. However, there are exceptions to this under § 5–1109(a)(2), which our lawyers can explain if applicable. When initially discussing your case, tell our lawyers if you paid a fee or not and if you signed any liability waivers before hunting, as that could affect how you seek compensation and from whom.
Generally speaking, a landowner’s liability does not extend to the other party’s actions. So, if a reckless hunter’s bullet struck you because they mistook you for game and were negligent, you would file a compensation claim against them rather than the property owner.
Maryland only lets victims sue at-fault landowners or other liable parties for a set period following hunting accidents. The statute of limitations under Md. Code, Cts. & Jud. Proc. Art., § 5-101 is three years, and our attorneys may need every bit of this time to prepare and file your case, depending on its complexity. Plaintiffs who fail to file before the deadline will lose their chance to recover damages, which we can help avoid.
Proving Landowner Liability for Maryland Hunting Accidents and Injuries
To prove your hunting accident was caused by a landowner’s willful or malicious conduct, our attorneys will focus on gathering evidence immediately, especially proof that is most at risk of being lost or destroyed.
For example, we will likely interview everyone present during the accident to obtain their statements and get incident reports from law enforcement who may have responded to the scene. Surveys of the hunting area, photographs from the scene, and the victim’s medical records are other crucial evidence we will obtain in preparation for compensation claims.
Our Baltimore personal injury lawyers must prove the landowner acted or failed to act with total disregard to your safety or others using their property to demonstrate their liability, so preserving evidence that can help accomplish this will be a top priority.
Does Maryland Cap Compensation in Hunting Accident Lawsuits Against Landowners?
Compensation in lawsuits against landowners for hunting accidents can cover most or all of the damages victims incur, starting with their medical expenses and ending with their pain and suffering. On top of compensatory damages, victims might get punitive damages after proving gross negligence.
Economic Damages
Compensation for economic damages is not capped in personal injury lawsuits for hunting accidents against liable parties, including private landowners. Though you may be most concerned with recovering compensation for your medical expenses, our lawyers will also consider your lowered earning capacity since the accident. For example, if you fell from a permanent tree stand that the landowner knew was dangerous but chose not to inform you of, you might suffer a paralyzing spinal cord injury that stops you from working. Considering all the financial impacts of an accident is crucial so that all losses are covered, including lesser expenses like transportation costs to the necessary medical appointments.
Non-Economic Damages
Non-economic damages, on the other hand, are capped. Maryland limits compensation for pain and suffering to $950,000, though getting this amount is not guaranteed. Victims must prove their intangible harms through personal statements and other evidence, like testimony from mental health professionals. Experts can help victims deal with traumatic hunting accidents and, based on their assessments, testify in front of juries about plaintiffs’ mental anguish and emotional distress. This can help victims get the maximum amount for intangible damages in Maryland, which can aid their emotional and mental recoveries after accidents.
Punitive Damages
Though many victims of hunting accidents can only sue landowners for gross negligence, unless they paid a fee, that could automatically open the door to punitive damages in their lawsuits. Punitive damages are used by the courts to punish gross negligence, such as the willful and malicious conduct the defendant showed when causing your recent accident. Maryland does not cap jury awards for punitive damages, meaning the amount you get is up to the jury’s discretion and how it digests the evidence and the defendant’s proven conduct.
Call Our Maryland Injury Lawyers About Your Hunting Accident Case
Call (410) 694-7291 today get a free case analysis from Rice, Murtha & Psoras’ Elkton, MD personal injury lawyers.