Thanksgiving is a time to bring family and friends together to give thanks. Usually, when one thinks of thanksgiving, thoughts of food, family, friends, pilgrims and football comes to mind. But what about a Thanksgiving Day lawsuit, do they happen?
In 2003, Neil Jacobs and James Kent were hunting for turkeys in the woods of upstate New York. James and his hunting party had moved into an area where they were waiting for the turkeys to come to them, essentially setting up a turkey ambush. Neil and his hunting party unknowingly entered into the turkey ambush.
Claiming to hear gobbles and a flash of red, James fired into the bushes. Thinking he bagged his Thanksgiving meal, he went over to the bushes. There to his surprise, instead of a turkey, he found Neil screaming in agonizing pain. James had mistakenly shot Neil.
Neil sued James alleging that he acted negligently. He alleged that the sole cause of his injury was James’ failure to accurately identify the target. For safety, hunters must be able to see their target to identify what it is before shooting.
James filed a Motion for Summary Judgment trying to dismiss the case on the theory that Neil assumed the risk of being shot by hunting. The Court ruled that although hunters must assume the risks of hunting, having to assume the risk of negligence on the part of another hunter is unreasonable.
In case you’re wondering, yes this case really did happen. If you find yourself in a serious legal predicament this holiday, feel free to call us at 786-815-6296 or visit our website at 305personalinjurylawyer.com Our consultations are always FREE and our team is always here to fight for your rights!