Hunting can be quite dangerous, and hunters always face risks of injury from guns, animals, and environmental hazards. From twisting an ankle to falling out of a tree stand, hunters often face injuries that they might try to blame on the property owner, but can they legally do that?
First and foremost, a hunter’s ability to sue the property owner for a hunting accident will depend on the cause of the accident and the relationship the hunter has with the property owner. If the accident was caused by something other than the property – like negligent handling of a hunting rifle – then it likely cannot be the property owner’s fault like it would be with a danger on the property. Additionally, if the hunter was trespassing, was paying to hunt on the property, or was there because the property owner hired them to clear animals from their property, their ability to hold the property owner liable will change. There are also rules that generally release certain recreational landowners from liability in Pennsylvania.
For help with an injury case, call our Philadelphia personal injury lawyers at The Reiff Law Firm at (215) 709-6940 today.
Liability for Landowners in Pennsylvania
In general, landowners have a responsibility to anyone on their property regardless of why they are there – and even regardless of whether they are trespassers or not. Typically, they cannot intentionally injure someone on their property with a trap or other manmade hazard. Additionally, they may have a duty to warn guests about hidden dangers that they might not be aware of. Inside a house, this could be something like a loose step on a staircase, but on a large woodsy property, this could be something like a sudden falloff or exposed tree roots across a walking path.
When it comes to hunting, however, PA has a law called the Recreation Use of Land and Water Act (RULWA). The text of the Act, as modified in 2018, makes exceptions to the general property liability rules when the land is opened to the public for recreational purposes. This specifically includes hunting as a recreational activity and essentially relieves the property owner of any liability or duty of care when it comes to keeping the property safe for “recreational users.” This means that property owners would have no legal duty to keep permanent fixtures like tree stands, hunting blinds, stairs, paths, or latrines in safe working order if they are covered under this Act.
Causes of Liability for Hunting Accidents
In general, a property owner cannot be held liable for something they did not do. This means that, even in situations where RULWA might not apply, and you might be able to sue the property owner, you cannot sue them for something that isn’t their fault. For example, our Bucks County personal injury lawyers might have a hard time suing a property owner if your hunting partner accidentally shot you in the leg while cleaning their rifle. If the accident was caused by something like a permanent hunting blind on their property that had the ladder fall off while you were climbing it, that could be their fault – but again, RULWA might block liability.
When the Recreation Use of Land and Water Act (RULWA) Applies to Hunting Accidents in Pennsylvania
We mentioned that there may be cases where RULWA doesn’t actually apply, and it is important to understand when you are protected from a landowner’s negligence under the law. Generally, RULWA prevents lawsuits against landowners only when the land is open to the public and you enter onto the land without paying a fee. This means that if you were trespassing on land that is not open to the public or you were paying to use the land, the rules might be different for you.
Trespassers are owed only the barest duty of care by landowners, and you might not be able to sue them for much beyond intentionally injuring you – but that is for when you are trespassing outside. Trespassing into a building on someone else’s property might actually allow them to use deadly force against you under Pennsylvania’s Castle Doctrine, so breaking into a hunting cabin could be incredibly dangerous.
When it comes to renting time on someone’s land to hunt, there will usually be a contract and liability waiver involved. This might dictate the terms of what you can and cannot expect, and property owners will usually include warnings about dangers on the property and have you agree to sign away your right to sue for injuries based on abandoned hunting traps, defective hunting blinds/tree stands, dangers on the premises, and more. Sometimes, our lawyers can get around the limits of waivers, especially if they are vague or there are only warnings posted on signs rather than a signed agreement. There are other waivers that are simply illegal or ineffectual for other reasons.
There may also be other situations where RULWA does not apply, and our lawyers can help you look into potential liability on the part of the property owners.
Injuries to Hunters for Hire on Pennsylvania Land
Sometimes landowners will go so far as to actually hire hunters, perhaps to control deer population on their property under the Deer Management Assistance Program (DMAP) in Pennsylvania. There are definitely additional rules that hunters and property owners need to follow under this program and similar programs that might affect liability. Additionally, DMAP properties must charge no fees for hunting, which might put them under RULWA rules anyway, eliminating liability for property owners.
Other hunters brought in to hunt coyotes or other animals on someone’s property might do so under a separate, private contract. If RULWA does not apply, then the terms of your specific contract might apply. Property owners will often include language releasing them from liability, but some of this language might make up the kind of waivers our lawyers can shut down if they are inappropriate, hidden, unclear, or otherwise illegal.
Call Our Pennsylvania Injury Lawyers for Help Today
If you were injured while hunting on someone else’s property, call our West Chester, PA personal injury attorneys at The Reiff Law Firm for a free case review at (215) 709-6940.
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