Hunting is a widely cherished activity in Mississippi, attracting hunters from all over the country to its sprawling forests and vast hunting land. With the advent of hunting leases, many hunters are able to access private property to pursue their passion for hunting. However, with this access comes certain risks, including the potential for injuries. Some of the most common accidents on hunting land in Mississippi include tree stand falls and ATV crashes, both of which can lead to serious, often life-threatening, injuries. But when accidents occur on leased hunting land, who is responsible for the injuries? This article explores the potential causes of these hunting accidents in Mississippi, the legal ramifications, and who may be held liable for injuries occurring on leased land.
Brad Morris
Attorney
Common Types of Injuries on Leased Hunting Land in Mississippi 
Hunting injuries are unfortunately a part of the activity. Although hunting offers many rewards, it also comes with inherent dangers. Mississippi, known for its deer, turkey, and duck hunting opportunities, sees a significant number of hunting-related accidents every year. The primary injuries that occur on leased hunting land in Mississippi include falls from tree stands, ATV crashes, and accidents involving firearms. Here is a breakdown of some common injuries:
Tree Stand Falls
Tree stands are a critical piece of hunting equipment for many hunters in Mississippi, providing an elevated position for spotting game. However, these stands are not without risk. Tree stand accidents can lead to serious injuries, including broken bones, spinal injuries, and even paralysis. Each year, hunters fall from tree stands, sometimes due to improper installation, poor maintenance, or lack of safety measures like harnesses. According to the Mississippi Department of Wildlife, Fisheries, and Parks, tree stand falls are one of the leading causes of hunting injuries in the state.
Hunters may be injured when a tree stand is not properly secured to a tree or when a step or platform fails. In some cases, the fall may be the result of the hunter’s own negligence, such as failing to properly inspect the stand before use. Other times, it may be due to poor design or failure to follow safety guidelines, such as using a safety harness or wearing proper footwear.
ATV Accidents
Many hunters use all-terrain vehicles (ATVs) to navigate large hunting properties, especially when hunting on land with rough terrain. While ATVs can be a helpful tool, they are also a significant source of injury. In fact, ATV crashes are a major cause of accidents on leased hunting land, leading to broken bones, head injuries, and sometimes even fatalities. The risks increase when hunters are unfamiliar with the terrain, ride too fast, or fail to wear proper safety gear like helmets.
An ATV accident can be particularly dangerous because the vehicle can easily overturn or collide with obstacles such as rocks, trees, or ditches. These accidents can lead to serious head trauma, spinal cord injuries, and internal injuries. Injuries from ATVs can occur when navigating steep or uneven trails, as well as when hunters attempt to traverse areas that are not meant for off-roading.
Gunshot Wounds
While gunshot wounds are not unique to leased hunting land, they are another prevalent injury in Mississippi. Hunters are often armed with rifles or shotguns while out in the field, and accidents involving firearms do happen. Misfires, improper handling of weapons, and unintentional discharges are among the common causes of gunshot injuries. Hunters who are not familiar with the property, or those who do not follow safety rules, can easily be involved in accidents where they or others are accidentally shot.
Exposure to Wildlife and Environmental Hazards
Mississippi’s diverse wildlife can also pose a threat to hunters. While it is rare, encounters with dangerous animals such as snakes or even aggressive deer can result in injury. In addition, environmental hazards such as slippery surfaces, falling branches, and other natural obstacles can cause injuries to hunters. Mississippi’s unpredictable weather, including rain and fog, can also increase the likelihood of accidents, particularly when visibility is poor.
Steps of a Personal Injury Case Will My Case Go To Trial?Related Videos
Understanding Liability for Injuries on Leased Hunting Land
When a hunting injury occurs on leased land in Mississippi, the question of liability often arises. Determining who is at fault for the injury can depend on the circumstances surrounding the accident and the terms of the lease agreement. Generally, there are three main parties that could be responsible: the landowner, the lessee (hunter), or both.
Landowner’s Liability
In Mississippi, landowners have a duty to ensure that their property is reasonably safe for those who enter it, including hunters. Landowners must maintain their property in such a way that prevents foreseeable risks of injury. If a landowner fails to maintain tree stands, ATV trails, or other aspects of the land in a safe condition, they could be held liable for injuries that occur as a result.
For example, if a landowner provides a tree stand but does not inspect it regularly or fails to provide adequate safety measures, they could be held responsible if a hunter falls due to poor maintenance. Additionally, if a landowner allows dangerous wildlife to roam freely or fails to clear hazardous obstacles from ATV trails, they may also face liability if someone is injured due to these conditions.
Lessee’s Responsibility
On the other hand, the lessee (or hunter) is often responsible for maintaining their own safety while hunting on leased land. This includes following proper safety procedures, such as ensuring tree stands are securely set up, using safety harnesses, and operating ATVs safely. If a hunter neglects these safety precautions and is injured as a result, they could be found liable for their own injuries.
Many hunting lease agreements place responsibility on the lessee to properly care for the property, including ensuring the safety of tree stands, ATVs, and other equipment. If an injury occurs because of the lessee’s negligence, they could face legal consequences, including a loss of their lease or potential liability for damages.
Shared Liability
In some cases, both the landowner and lessee may share liability for hunting injuries. For example, if a hunter fails to follow proper safety procedures, but the landowner also neglected to warn the hunter about a known hazard on the property, the responsibility for the injury could be shared between both parties. This shared responsibility is often determined by the court, based on the facts of the case and the terms of the lease agreement.
How to Protect Yourself and Prevent Injuries
While the risk of injury is inherent in hunting, there are several steps both landowners and lessees can take to reduce the risk of accidents. Following these steps can help ensure a safer hunting experience and minimize the potential for liability:
For Landowners:
- Regularly Inspect Equipment: Ensure that tree stands and other equipment are properly maintained and safe for use. This includes checking for stability and making necessary repairs.
- Clear ATV Trails: Maintain ATV trails by clearing obstacles and repairing damage. Ensure that the paths are suitable for off-road vehicles to prevent accidents.
- Provide Safety Training: Provide lessees with safety training or guidelines for using equipment and operating vehicles on the property.
- Post Warning Signs: Put up warning signs in areas with known hazards, such as slippery trails or dangerous wildlife habitats.
For Lessees:
- Follow Safety Protocols: Always wear a safety harness when using a tree stand, wear appropriate gear such as helmets when operating ATVs, and handle firearms safely.
- Inspect Equipment: Before using tree stands, ATVs, or firearms, inspect all equipment for potential hazards.
- Know the Property: Familiarize yourself with the layout of the land and identify potential hazards, such as uneven terrain or wildlife activity.
- Carry Insurance: Ensure you have proper insurance coverage for accidents that may occur during your hunt. This can help with medical bills and legal expenses in case of an injury.
While hunting on leased land in Mississippi can be a thrilling experience, it’s important to recognize the risks involved, especially when it comes to tree stand falls, ATV crashes, and other accidents. Understanding the liability issues surrounding these incidents is crucial for both landowners and hunters. Whether you are the landowner or a lessee, taking appropriate safety precautions and understanding the terms of your lease agreement can go a long way in preventing accidents and determining responsibility when they occur.
If you’ve been involved in a hunting injury on leased land and need legal assistance, Brad Morris Law Firm, PLLC is here to help. We understand the complexities of liability on hunting land and can help you navigate the legal process. Contact us today for a free consultation and to discuss your legal options.