Bow hunter critically injured in Essex Township shooting
A 38-year-old bow hunter was hospitalized in critical condition after being shot in the chest Saturday evening.
Deputies from the Clinton County Sheriff's Office were called at 5:50 p.m. Oct. 3 to Lowe Road in Essex Township. Deputies, medics and firefighters found him inside a hard-sided ground blind with a single gunshot wound to his chest.
Clinton Area Ambulance Service took him to a hospital, where he was listed in critical condition.
The sheriff's office's preliminary findings indicate that people were target shooting on a nearby property when an errant round hit the hunter.
The sheriff's office described the shooting as isolated and said it was investigating with the Michigan Department of Natural Resources and were assisted by Maple Rapids Fire, DeWitt Township Police and Clinton County Central Dispatch.
Michigan law on injuries from target shooting
For conduct that is careless, reckless or negligent rather than willful or wanton, MCL 752.861 makes it a misdemeanor to cause or allow a firearm under one's immediate control to discharge and injure or kill another person.
An ordinary-negligence claim requires proof that the shooter owed the injured person reasonable care, failed to use that care and caused an injury that was a natural and probable result of that failure. Under Michigan's civil jury instructions, recoverable losses can include medical expenses, lost earnings and pain and suffering.
A different standard can apply between people hunting together. If a task carries an inherent risk of injury, the injured person must prove reckless misconduct, which requires more than ordinary carelessness. That same standard does not automatically apply to an injured bystander.
Michigan Legal Center's explanation of hunting injury claims in Michigan discusses how participation and the circumstances of the shooting affect the applicable standard.
Get help from Michigan Legal Center
Michigan Legal Center: the Law Offices of Christopher J. Trainor & Associates handles serious personal injury claims, including injuries caused by negligent firearm use.
If you were injured by a stray bullet, Contact Michigan Legal Center to ask whether a civil injury claim is within Michigan Legal Center's practice areas.
There is no attorney fee unless money is recovered for you. Case costs and fee terms are governed by the written fee agreement.