Hunting Season Accidents: What Injured Hunters Need to Know About Liability in Louisiana

It’s hunting season in Louisiana, and for many hunters, it’s the best time of the year for hunting deer. However, with the excitement of a hunting trip comes serious risks. Hunting accidents can lead to catastrophic injuries that may change a hunter’s life.

We’ve outlined below some common causes of accidents, your legal rights, and addressed common questions someone may have after a hunting related injury.

Common Causes of Accidents While Hunting

ATV Accidents

ATVs are great for getting around, especially if there is rough terrain; however, they can flip, collide with another ATV, or malfunction. If your accident was caused by a defective ATV or unsafe property conditions, you may be entitled to a personal injury claim.

Firearms

If another hunter or guide is being careless and someone gets hurt due to negligence; they could be held responsible. Like ATVs, if a gun malfunctions the manufacturer could be held responsible if it causes and injury or death.

Landowner Liability

Many hunters throughout Louisiana use private land with permission for hunting. These landowners aren’t typically liable for injuries if they allow hunting for free. However, if these landowners charge a fee or don’t warn the hunters about known hazards like holes, trees that have fallen on an ATV trail, or an unsafe tree stand, they could be held responsible.

Louisiana Law: Landowners and Hunters

Under Louisiana’s Recreational Use Statutes, landowners who allow hunting without charging a fee are generally protected from liability. They are not required to guarantee safety, but they cannot intentionally conceal dangerous conditions.

IMPORTANT NOTE: Starting January 2026, Louisiana will adopt a modified comparative fault rule under HB 431. If you are found 51% or more at fault, you cannot recover damages. With this updated comparative fault rule, it is imperative that you collect as much evidence as possible and contact your attorney.

What Should You Do After a Hunting Accident?

If you’ve been injured, take these steps immediately after to ensure that your legal rights are protected:

• he first and most important step is getting medical attention immediately.
• Report your accident to the landowner and if necessary, contact local authorities as well.
• Take photos of the scene, including ATVs, firearms, and any hazards that may have caused the injury.
• If you are with someone or if anyone was there to witness, get their statements.
• Contact your lawyer and get legal advice.

Common Questions

• “Can I sue if another hunter shot me by mistake?” – Yes, if negligence caused the accident.
• “What if my ATV flipped on private land?” – You may have a claim against the landowner if known hazards were not disclosed, or against the ATV manufacturer if there was a malfunction.
• “Is the landowner legally responsible for injuries that occur on their property?” – Liability generally depends on two factors: if you paid to hunt and if the landowner knew of hazards but did not disclose them.

Louisiana is known as Sportsman’s Paradise, and we wish you all a successful and safe hunting season. In the event you are injured on a hunting trip this year due to the fault of another, the attorneys at Broussard, David & Moroux have the knowledge and experience necessary to handle life-altering and catastrophic injury claims and will fight to obtain full compensation for your injuries. Contact the attorneys at Broussard, David & Moroux to discuss your legal rights at (337) 233-2323 (Local) or (888) 337-2323 (Toll-Free).