Whether you live in Wisconsin or Minnesota, you may be one of many locals who enjoys spending time in the great outdoors. Boating, fishing, or hunting are among the most popular recreational activities in the Midwest. Wisconsin, for instance, has over 7 million acres of land that is open to the public during hunting season and is home to a wide range of wildlife habitats, as well.
But even the most experienced hunters can encounter accidents.
Rifles and shotguns paired with cold weather, low visibility, and strong wind conditions can all increase your chances of a hunting accident.
This is an all-to-real scenario. Therefore, it’s best to understand what to do in the event of a hunting accident.
What Is Considered a Hunting Accident?
According to the state of Wisconsin, a hunting accident, or incident, occurs when a person is either injured or killed by the discharge of a firearm or arrow while engaged in the activity of hunting, fishing, or trapping.
Hunting Accident Laws in Wisconsin
If you reside in the state of Wisconsin, and you have injured or killed another individual after discharging a firearm or arrow while hunting, fishing, or trapping, you must perform the following next steps:
- Give your name and address to the injured person
- Provide assistance to the injured person
- Call for immediate medical or hospital assistance
- Report the accident to law enforcement officials of the locality in which the shooting took place.
Failure to do so, may result in severe fines and possible jail time:
“Any person intentionally failing to comply with sub. (1) shall be fined not more than $5,000, or imprisoned in the county jail not more than one year, or both. Any person who neglects to comply with sub. (1) shall be fined not more than $5,000 or imprisoned not more than 9 months or both.”
Wisconsin State Legislature 29.341
The Wisconsin State Legislature also states that whether you were involved in an accident in which another individual was injured or killed, or you, yourself, injured yourself with a firearm or with an arrow while engaged in hunting, fishing or trapping, you are required to report the incident within 10 days of the accident—unless you are incapable of making the required report.
In this scenario, the person or persons involved in the accident are required to designate an agent to file the report within the 10 day deadline.
Failure to do so may result in fines, and your hunting license may be revoked:
“Any person who is involved in an accident with firearm or arrow while hunting, fishing or trapping, and who fails to submit the report required by this section, shall forfeit not more than $50. In addition, the court may revoke any license issued to the person under this chapter and may further provide that no license shall be issued to the person under this chapter for a fixed period.”
Wisconsin State Legislature 29.345
Were You Involved in a Hunting Accident?
At Doar, Drill, and Skow, our experienced team of attorneys has handled many types of personal injury cases. Among these cases are accidental shootings.
This may include:
- Loading and unloading the gun
- Drop fire
- Hang fire
- Transporting loaded firearms in vehicles
- Misidentification of humans for game
- Unsafe shot selection (not appreciating what is beyond the target)
In fact, we have several attorneys who are themselves avid hunters. This means they understand the complexities and scenarios such activities can present, even for the most experienced of hunters.
Proving fault for any accidental shooting case requires a detailed understanding of the circumstances of the event and instrumentalities that contributed to the accident. This may include:
- How far apart were the participants in relation to each other?
- What type of gun was involved?
- What type of action did the gun have?
- What was the gauge or caliber of the gun?
- What type of shot or bullet was discharged?
- What training did the shooter possess?
- What experience did the shooter have with guns or being afield?
- Was the shooter under the supervision of another hunter?
- Did the injured person wear appropriately colored clothing?
Hunting-related accidents may also implicate other questions besides the ones listed above and the nature of the accident. This may include trespass or Wisconsin’s Recreational Immunity Statute. This statue is designed to protect landowners from civil liability for injuries that occur on their land that stem from the land itself, such as deer stands.
Contact a Personal Injury Attorney
Have you been injured in a hunting-related accident? Contact the experienced attorneys at Doar, Drill and Skow for a free consultation today!
DISCLAIMER: The Doar, Drill, and Skow blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported may come from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these types of situations choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.
Sources: Wisconsin Statutes 29.341 and 29.345 and The Wisconsin Department of Natural Resources.