I was injured by a hunter upstate when I was accidentally shot while myself and my companions were camping out on public lands. Fortunately for me, the hunter was shooting buck shot, so I was able to recover from my wounds. My companions reported the incident to park rangers. The park rangers found the offending hunter. The rangers told me that the hunter was drinking prior to the incident. Do I have a claim for my injuries?
Yes, you have a claim. First, if the hunter was shooting for birds with buck shot, he should have been pointing up at the sky where the birds fly, not near the ground where you were walking. It is not reasonable to shoot at birds near the ground. Second, Environmental Conservation Law § 11-1203 prohibits hunters from hunting while intoxicated. The blood alcohol levels for hunters mirror those blood alcohol levels found in the Vehicle and Traffic Law for motor vehicle drivers (Vehicle and traffic Law § 1192). That means if the hunter’s blood alcohol level was .08 of one percent or more by weight of alcohol, the hunter is intoxicated. The hunter cannot control his physical or mental capacities. According to Environmental Conservation Law § 11-1207, blood alcohol levels are admissible at trial, thus that information of the intoxication would be heard by the jury.
Homeowner’s Insurance
The next issue would be to recover damages from a hunter. As explained in previous posts on several different topics, collecting judgments from individuals can be difficult. However, if the person was a homeowner, their homeowner’s insurance policy will cover the hunter for this claim. The insurance company will hire attorneys to defend the hunter in court. The insurance company will also indemnify the hunter up to the value of the liability insurance policy limits.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.