Two Hunting Accidents within a Month of Each Other
It has been reported that a jury in Grundy County, Tennessee indicted a 45-year-old man named Robin R. Smartt Jr. for the fatal shooting of of 44-year-old Chadwick Killian. Smartt was indicted on one count of reckless homicide and possession of a firearm during a famous crime. The incident was being investigated by the Tennessee Bureau of Investigation, and is thought to be the result of a hunting accident. Grundy County Sheriffs had found Killian with a gunshot wound to his upper body, where he was taken to a hospital and later died from his injuries. It is reported that there were conflicting stories between Killian and the man he was allegedly with at the time. It is unknown why guns were being used during archery season.
Earlier in September in the nearby Anderson County, South Carolina, 17-year-old Amanda Foster was accidentally shot by her father in a hunting accident while they were hunting deer on their property. That case was treated as an accident by the Anderson County Sheriff’s Office.
Premise Liability and Hunting
In Tennessee and most of the south, there is no shortage of hunting year-round. Many animals may be killed year-round, while other species have different hunting seasons throughout the year. That is plenty of opportunity for someone to have an accident or get hurt.
Because most of the hunting in Tennessee occurs on private or government-owned lands, someone is a property owner (the government counts as a property owner). Property owners have the duty to ensure that their lands and properties are safe for guests who visit. The failure to do so may give rise to a personal injury lawsuit against the landlord or property owner for this failure to maintain a safe environment (under the theory of premises liability). Factors that are considered in these cases depend on the circumstances under which the visitors came onto the property, nature of the property, and the reasonableness of the visitor’s actions, and the foreseeability of the injury. Landowners that use their lands for hunting, for example, have a higher duty of care to ensure safety (ie. enough open space to see people, trails).
If you are injured in a hunting accident, you may have both a premises liability claim against a landowner or landlord, and one of negligence against the person who shoots or injures you. The injuries that occur in premises liability cases range from minor to severe, and may even result in death. A victim must prove that the landowner could have prevented the accident by making his or her property safer.
Nashville Personal Injury Lawyer- Protect Your Rights. Maximize Compensation After an Injury.
If you or a loved one has been injured in a hunting accident, contact the Nashville law offices of Calhoun Law, PLC today. Our goal is to maximize your compensation and to hold negligent wrongdoers accountable.
