HUNTING ACCIDENT


Cincinnati Personal Injury Lawyer Reviewing Cases for injured plaintiffs in Ohio and Nationwide
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Protecting The Wrongfully Injured

Hunting accidents are often quite serious and deadly, primarily because of the dangerous equipment related to the sport. It might surprise some consumers, however, that the number one cause of injury in the field is accidents stemming from defective tree stands and defective guns.

Tree stand accidents are the number one cause of serious injury and death to deer hunters, and it is estimated that more than 30 percent of hunters who use tree stands will be involved in a fall at some point.

In 2013, according to a study by the International Hunter Education Association (IHEA), up to 500 hunters are killed annually in tree stand accidents and about 6,000 more sustain tree stand accident injuries.

Hunting accident injuries involving tree stands are almost all preventable, if hunters use basic safety measures and the tree stand itself is manufactured properly. Of course, this isn’t always the case, and tree stand makers have been sued by hunting accident victims and product liability attorneys.

Joe Lyon is a highly-rated Ohio personal injury lawyer and hunting accident attorney representing plaintiffs nationwide in a wide variety of consumer product liability and hunting accident lawsuits.


Cause of Tree Stand Injuries


Some of the most serious situations a hunter can face is the collapse of a defective tree stand. This can lead to broken bones, spinal injuries, traumatic brain injuries or death. If a manufacturer fails to provide consumers with a safe and secure product, then they may be held liable for injuries sustained.

Most tree stand accidents occur while climbing or descending. Because tree stands are typically placed up to 30 feet above the ground, a fall can easily result in a brain or spinal cord injury.

Tree stands are often used in remote locations so an injured hunter may find it difficult to be transported for medical treatment. Any delay in treatment makes survival less likely and contributes to serious complications.


Hunting Accident Lawsuits & Accidental Shootings


Accidental hunting injuries and deaths can be caused by an accidental shooting. If a child hunter was responsible for the accident, a lack of proper supervision may be to blame.

It is possible that a hunter is improperly trained in the use of a firearm, it may be the result of reckless behavior, failing to keep the safety switch on, the consumption of alcohol or drugs, or defective guns.

In some cases, the gun may have a design or manufacturing defect that causes the gun to malfunction. Accidents can be caused by a company’s or individual negligence, and several defendants can be named in a personal injury lawsuit if they contributed to the accident.

In the case of an accidental shooting hunting accident, liability is established by showing that the shooter did not exercise reasonable care in the handling of the firearm. A jury may consider the hunter’s experience, the type of hunting, the timing of the accident and the actions of the hunter after the accident.

A personal injury lawyer will gather evidence through formal and informal discovery. In strict liability cases, negligence does not need to be proven.


Tree Stand Manufacturers Found Liable for Injury


Manufacturers can be held liable in product liability claims stemming from defective tree stand hunting accidents, as can other parties that play a part in making, distributing or selling the defective product.

In a high-profile Ohio hunting accident lawsuits, a jury in 2017 returned an $18.5 million verdict against a tree stand manufacturer that failed to reasonably warn about the risks of their product.

The verdict hit Primal Vantage Co., who was found 50 percent at fault for a turkey hunter’s injuries. The tree stand in use fell to the ground and he was paralyzed from the fall. The jury found that the company manufactured an unreasonably dangerous product without warning of the risks involved with using the straps to secure the tree stand.

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A Voice for Those who have suffered 

Why are these cases important?

Serious injuries and accidents often result through no fault of the injured party, yet the injured victim suffers from life altering physical, mental and financial losses. Such economic and human losses can have devastating financial consequences on individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through personal injury lawsuits.

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Questions about Personal Injury Cases

What is a Personal Injury Lawsuit?

Any kind of negligence by an individual or company that causes injury or harm can lead to filing a personal injury lawsuit. The amount a plaintiff is entitled to depends on several factors, particularly how egregious the act and how serious the injury.

Personal injury attorneys generally only will take cases on a confidential and contingency fee basis, which means your lawyer will only get paid if he or she is able to reach a settlement or positive verdict. The Lyon Firm will review your case for free and assess what compensation any plaintiff can expect through litigation.

Personal Injury cases can range from minor auto accidents to complex lawsuits filed against large corporations. The Lyon Firm has handled both with equal care. Severe injury requires legal action on occasion, no matter if the injury is the result of a vehicle accident, a dog bite, a boating accident, workplace injury, defective consumer products, medical malpractice, or toxic exposure.

What is the Process?

Pre-Suit Investigation and Negotiations: Personal injury lawsuits are unique and require a thorough investigation before a lawsuit is filed. An initial investigation involves gathering all relevant medical records, accident reports, and interviews with available witnesses.  Preservation letters are drafted to notify the defendant of the case. The duty to preserve electronic evidence is critical in most cases to prevent spoliation.

Filing a Lawsuit in Cincinnati: If pre-suit negotiations are unsuccessful, then a lawsuit must be filed to preserve the statute of limitations.  Filing a lawsuit early in the process is often necessary to begin gathering evidence while the witnesses memories are fresh and documents remain available.

Once suit is filed by your personal injury lawyer, the court will set a case management schedule and the parties will begin exchanging information in the formal process of discovery. Depositions will be taken to preserve testimony for trial and to understand what certain witnesses are likely to say at trial.

Proving Negligence, Causation and Damages: In addition to lay witness testimony and other documentary evidence, personal injury claims rely upon medical and scientific evidence to prove negligence, causation and damages. The chosen expert in a case must have a reliable and sound basis in science and in the facts of the case or his opinion may not be admissible under the rules of evidence.

In the areas of Toxic and Environmental Torts, the admission of expert testimony may be scrutinized harder than in other areas simply because the subject may not have been as widely tested and may rest on novel scientific theories.

Are there any limits to what I can recover?

Each state will vary. Under Ohio law, an injured party may recover damages related to medical expenses, lost wages, property damage, loss of enjoyment of life, past pain and suffering, future pain and suffering, and punitive damages. The numerical limits are as such:

  1. Non-Catastrophic Injury:   The non-economic award is limited to $250,000 per plaintiff, or three times the economic loss, up to $350,000 per plaintiff. A maximum of $500,000 for each “occurrence.”
  2. Catastrophic Injury: No limits.

The Lyon Firm may be able to file injury claims and recover rightful compensation for clients for medical expenses, pain and suffering, lost earnings and long-term disability.

Why should I hire The Lyon Firm?

Our Firm will help you find the answers.  The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered. 

Experience:  Joe Lyon is an experienced Cincinnati Personal Injury Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters.   Personal Injury lawsuits can be complex and require industry experts to determine the root cause of an accident or injury.  Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.

Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.

Results:  Mr. Lyon has obtained numerous seven and six figure results in personal injury,  automotive product liability, medical Negligence, construction accidents, and auto dealership negligence casesThe cases have involved successfully litigating against some of  the largest companies in the world.

Our Victories

The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against negligent individuals or companies to obtain just compensation under the law. 

$1,000,000

WRONGFUL DEATH: DISTRACTED DRIVER

(Brown County, Kentucky):   The Lyon Firm was second chair a case involving a driver texting and driving when he crossed the median, killing a father of four. The case was resolved once discovery confirmed the cell phone records proved the texting-related incident. The settlement will pay for the surviving childrens’ education. The driver was likely facing additional criminal charges at the time of the settlement.

$495,000

MOTORCYCLE ACCIDENT

(Cincinnati, Ohio):  The Lyon Firm was lead counsel in a $495,000 settlement. This case involved a motorcycle operator who sustained fractures of the calcaneus, talus, medial cuneiform, tarsal bones, and tarsometatarsal when a car ignored its driving lane and crossed into his right-of-way. Settlement provided repayment of medical bills of $20,000 and funds for future education to re-enter the work force in a less physically-demanding job.

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