In 2019, a young Saskatchewan hunter named Austyn Adamko shot at what he thought was an elk. Instead, he was shooting 23-year old Jordan Darchuk, a fellow hunter who was walking to his truck. The sun had already set, and it was too late in the day for hunting to be legal. He believed there was enough light when he took the shot, and Darchuk died.

While we are happy to report that hunting and firearms accidents are rare in Saskatchewan, they still happen. 10% of those accidents end in death, and the rest end with serious injuries that can be life-altering.

The truth is, there’s a lot that can go wrong during any hunting or fishing trip. We’ve seen accidents caused by failures to maintain equipment or firearms properly. We’ve seen people fail to take the appropriate safety precautions. Some people ignore hunting regulations.

There is some overlap between this type of case and other cases. For example, hunting cases are closely related to camping injury cases. Fishing cases may be closely related to boating accident cases. It’s important to realize that Saskatchewan personal injury law doesn’t really distinguish between case types. All that matters is someone was negligent and, as a result, you sustained injuries. You don’t have to classify your case. Just bring it to our office and let us review the facts.

Any time you are injured as a result of other people’s negligence you have the right to recover for your damages and injuries. We can also help you pursue wrongful death cases related to hunting accidents. Lawyer Michael R. Mantyka is ready to help.

FAQ

WHAT TYPES OF DAMAGES CAN I RECOVER IF I AM INJURED WHILE HUNTING OR FISHING?

• You can be compensated for your medical expenses, lost wages, loss of earning capacity, rehabilitation costs, necessary home modifications, pain and suffering. In some rare cases you may also be able to recover punitive damages as well.
• Speak to lawyer Michael R. Mantyka to determine the likely value of your personal injury case.

CAN I FILE A PERSONAL INJURY CLAIM IF I AM INJURED BY ANOTHER HUNTER OR FISHERMAN?

• You absolutely can if the other party was negligent. It may be difficult to recover the money if the hunter or fisherman in question does not have the assets to pay the claim. In some cases, it may be possible to hold the owner of the hunting or fishing grounds responsible instead, as they often have the resources to pay these claims.
• There are cases where it seems like the other hunter was at fault, but instead was dealing with a dangerous firearm. If the firearm itself was faulty in some way, then the firearm manufacturing company could be held accountable. The same is true for other hunting equipment such as bows, traps, and camping gear.
• If you are injured on a guided hunt, the guide or outfitter might be liable as well, even if you were injured by another hunter. Determining who can be held responsible for a particular injury is a major part of what your personal injury lawyer will do for you.

WILL MY REGINA HUNTING OR FISHING LICENSE BE AFFECTED IF I FILE A PERSONAL INJURY CLAIM?

• There is no reason why a victim in a personal injury case should ever have to fear for their license.
• The process of obtaining or renewing a hunting or fishing license is separate from the process of filing a personal injury claim. The two don’t touch.
• The negligent party might have trouble obtaining a license in the future, but that’s not really your problem. The negligent party may also face criminal charges, depending upon the nature of the accident and the circumstances leading up to it.

WHICH LAWS COVER HUNTING AND FISHING PERSONAL INJURY CASES IN SASKATCHEWAN?

• Saskatchewan hunting and fishing personal injury cases draw off of common law which holds a property owner has a duty of care to invitees who come onto the property, as well as holding fellow hunters and fishermen responsible for following all the applicable laws and safety standards governing these activities.
• Your personal injury lawyer must establish that the party who injured you had a duty of care towards you, that they failed in that duty of care, that you were injured as a result of that failure, and you suffered loss as a result of that injury.

WHAT SHOULD I DO IF I AM INJURED WHILE HUNTING OR FISHING?

• Start by seeking medical attention. It could save your life, or prevent your injuries from impacting you as severely as it might otherwise have. In addition, your medical treatment and care will be important to your case later.
• Next, report the injury to the authorities if required. Often this will be the park ranger or wildlife officer on the property. You may be required to fill out an incident report. Make sure you have your own hunting or fishing license handy as you will need to prove you were not engaging in these activities illegally.
• Next, if possible you should take note of the conditions leading to your injury. You should take pictures of your injury and the surrounding area. It’s also important to gather contact information from any witnesses.
• Finally, it’s important to involve a personal injury lawyer as quickly as possible. The faster you involve a lawyer, the stronger your case is likely to be. Involving a lawyer quickly means getting your hands on vital bits of evidence and witness statements that may become unavailable as time drags on. In addition, you only have two years to file your claim. After that, you lose your right to compensation forever.

SCHEDULE A CASE REVIEW TODAY

• Call  (306) 910-0777 to schedule a case review today. The sooner you involve Michael in your case, the better the outcome of your case is likely to be!