How to Prevent Hunting Accidents in South Texas

South Texas offers maybe some of the best hunting in the state (or even the whole country, but who’s asking). It doesn’t matter if you’re tracking white-tailed deer or sitting in a duck blind on the coast, the tradition of hunting is a cherished and exciting part of the fall and winter seasons. But the trio of firearms, rugged terrain, and sleepy-eyed early mornings mean the potential for making a careless mistake is up there. While most hunters are incredibly responsible, accidents can happen and when they do the physical and financial consequences can be devastating. We want all hunters to have a safe and successful season, so we’ve put together a few essential reminders for your next trip to the ranch.

Let’s start by saying, many hunting injuries are entirely preventable. Following the few basic tenets of hunter safety is the best way to make sure everyone gets their buck and gets home safe:

• Treat Every Firearm as Loaded: Golden rule - of gun handling, hunting, life, etc. Always point the muzzle in a safe direction, keep the action open when not in use, and never rely solely on your gun’s safety.

• Be Sure of Your Target and What’s Beyond It: Don’t take a shot unless you are 100% sure of your target and what lies behind it. Thick brush and tall grasses can hide other hunters, vehicles, blinds, or property lines and roads.

• Tree Stand Safety: Falls from elevated tree stands or tripods are a leading cause of severe hunting injuries. Inspect your stand before the season starts and wear a full-body Fall Arrest System (FAS) when you are off the ground.

• Add a Little Orange: Visibility is your best defense against accidental shootings. Blaze orange clothing is required in Texas if you’re hunting on public land, and even though you don’t need it if you’re hunting on a private ranch, it can be a good idea to make yourself and your hunting party a little more visible when you’re posted up or moving through thick brush.

After a long day outdoors, it’s nice to kick back and relax with your crew. Sometimes that includes having (more than) a few drinks back at camp. However, if you plan on getting behind the wheel at any point that night, whether you’re driving a truck, ATV, or UTV, to move across the lease or across town, your decision to do so can lead to serious legal consequences. It’s a common misconception that you cannot be charged with a DWI as long as you are on private property. But there’s a little nuance to that rule.

Technically, under Texas law, DWI rules apply to any area that is reasonably accessible to the public. If you’re hunting on a truly, 100% private ranch with very restricted and controlled access, your decision to drive after consuming offers a stronger legal defense. However, law enforcement and courts often treat properties with shared access, regular visitors, or lease members as "a public place". If an officer has reasonable suspicion or probable cause that you’re operating while intoxicated, they can enter the property and they can arrest you if they have cause. Furthermore, simply having "actual physical control" of a vehicle while intoxicated—meaning you are in a position to operate it, even if it isn't currently moving—can result in DWI charges. The long and short of it is, if you’re on private property use your best judgement before driving. If you’re on public land, do not drink and drive.

Wondering how all this could affect a personal injury lawsuit?

If a drunk driving accident happens on a ranch or hunting lease, the private property setting does not shield an intoxicated driver from civil liability. If you are injured because someone was driving a truck or ATV under the influence, you can file a personal injury lawsuit against them for negligence.

These cases can also become complicated if the landowner or hunting outfitter is involved. Texas landowners routinely use hunting leases, liability waivers, and Texas Agritourism Act waivers to shield themselves from any liability. However, if a property owner engages in an act of negligence (like knowingly letting a severely intoxicated guest to operate vehicles on dangerous terrain) it may be possible to hold them accountable too.

Beyond impaired driving, hunting accidents often result in complex personal injury claims that fall into these categories:

1. Negligence by Another Hunter

If a hunting partner or a guide acts recklessly, like as discharging a firearm carelessly or failing to identify their target, they can be held legally responsible for any injuries they cause.

2. Premises Liability on Hunting Leases

Landowners and hunting outfitters have a duty to ensure their property is safe. If you’re injured due to a hidden hazard the landowner knew about but failed to warn you of (like a deteriorating blind, rotting bridge, or wobbly railing), you may have a premises liability claim.

3. Defective Equipment and Product Liability

This is a weird one, but sometimes a hunting injury is caused by the gear itself. If a firearm misfires due to a manufacturing flaw, a brand-new tree stand collapses, or a safety harness snaps, the manufacturer of that defective product can be held liable for any injury that occurs as a result.

Have a safe and successful hunting season, Texas. But if the unexpected happens, we are here to help!

If you or a loved one has been injured in a hunting accident caused by someone else’s negligence or defective equipment, reach out. The team at Locke Henry Law understands the nuances of these specific cases, and we’re proud to help out the South Texas hunting community.