| The Liability of Mentoring New Hunters
By Rick Brazell, President-First Hunt Foundation
People have been mentoring others to learn hunting skills since the beginning of our stone age ancestors. Most of us that hunt or fish have been mentored by someone along the way. People generally don’t just wake up one day and decide to go hunting, having no insight where to begin. They are either raised in a family environment where hunting is part of their culture, or having a desire to learn, they seek out friends or someone to teach them. Regardless, the passing of knowledge is paramount if someone is to become a successful hunter. It’s a daunting task to learn what you need to know about hunting and there is ample opportunity to make mistakes along the way. Unlike generations of old, the current generation has YouTube, blogs, podcasts, websites, Facebook, Instagram and other ways of finding information that helps but the passing of knowledge from one person to the next can never be eliminated or at least it shouldn’t. That being said, is there ever any liability to the teacher of such life skills? Can teaching such a noble cause as saving our hunting heritage even be of concern?
The short answer is yes but let’s not lose any sleep over it just yet. In today’s litigious society, it seems there will always be someone out there wanting to sue someone else. Most of us know the US as the most litigious country in the world. This is because it has the largest number of lawsuits recorded every year.
According to https://safeatlast.co/blog/lawsuit-statistics/ in 2020, there were over 1.32 million lawyers in the US and there are 40 million lawsuits filed in the US every year. Heck, Walmart gets sued about 5,000 times a year. So, there will always be a chance someone you mentor or the parent of that mentee might sue if something goes wrong.
In my world of recruiting mentors, I have a unique opportunity to visit literally thousands of hunters a year at numerous big outdoor shows. It is a common occurrence to have someone express a desire to help mentor new hunters, but they are afraid of the liability it affords to them personally. All are willing to mentor family and close friends but not so much in taking out that unknown person who just wants to get into hunting for the first time.
Interestingly enough, many insurance companies have that same concern. Our organization currently has liability insurance for our mentors, but it was extremely difficult to find. We got turned down 17 times when applying for liability insurance. Yep, I kept track, and it was very disheartening. Few companies would tell us why we were being rejected and it wasn’t because of any incident because there were none. Finally, a couple of them were honest and the quote given by those in a nutshell was, “Kids and guns shouldn’t be used in the same sentence!” Oh, and some said the mere chance of a molestation case was enough to shy away from covering us. Even our current insurance broker who loves us says the parent company would likely drop us if there ever was any incident. So, there’s no misunderstanding, you can get liability insurance till the cows come home for hunting clubs, shooting ranges, events, etc. but getting coverage for that random ever changing normal in the woods hunting experience is too much uncertainty for insurance companies. It’s abundantly obvious, if many common hunters and the insurance companies are concerned about liability, we as ambassadors of our hunting heritage should be too.
But let’s never let our concerns turn into inaction. Let’s continue teaching hunting life skills so when us old guys tap out, there will be new faces carrying on the traditions we all love and cherish. It’s important to note that hunting accidents and lawsuits are relatively rare when proper safety precautions and responsible hunting practices are followed. The old saying, “The best offense is a good defense.” comes into play here and following some established guidelines can protect you and your new hunters. Here are some factors that can influence the chance of a lawsuit:
Safety Precautions: Adhering to stick safety measures, including firearm safety rules and wearing appropriate safety gear, significantly reduces the risk of accidents and potential lawsuits.
Training & Experience: Novice hunters may have a steeper learning curve and potentially be at a higher risk of accidents. Proper training and mentorship can mitigate this risk.
Hunting Laws & Regulations: Complying with hunting laws, bag limits, and hunting seasons is crucial to avoid legal trouble. Violating these regulations can result in fines and legal action.
Communication & Consent: Obtaining clear consent from the novice hunter and/or their guardian and ensuring they understand the inherent risks of hunting is essential. If an accident occurs despite these precautions, having documentation of informed consent can be beneficial in legal proceedings. An example of a liability waiver can be viewed at https://firsthuntfoundation.org/liabilitywaiver/
Accidents & Injuries: Accidents can happen in any outdoor activity, including hunting. While lawsuits resulting from hunting accidents are relatively uncommon, they can occur if negligence or recklessness is involved.
Insurance: Some hunters carry liability insurance to protect themselves in case of accidents. Insurance can provide coverage for legal expenses in the event of a lawsuit.
Property Rights: Respecting private property rights and obtaining proper permissions to hunt on private land is crucial. Trespassing and unauthorized hunting can lead to legal actions by landowners.
Local Legal Environment: Laws and regulations related to hunting, firearms, and liability can vary by jurisdiction. Familiarizing yourself with the specific laws in your area is essential to avoid legal issues.
These suggestions give you a good start. A new, no-cost training course for mentors has also just been developed through a partnership with the NRA Hunters Leadership Forum and the First Hunt Foundation which offers some great advice which could protect you from a potential lawsuit as well. It can be accessed at: ???? It’s important to emphasize that the majority of hunting trips occur without incident or legal consequences when proper safety practices and legal compliance are followed. However, accidents can happen, and it’s essential to be prepared. If an accident does occur, consult with legal professionals who specialize in hunting and firearms-related cases to navigate any potential legal issues. Our hunting heritage is too important to be complacent so keep teaching, mentoring, and passing on our hunting traditions. Just be wise and be prepared as you help others on their journey into hunting.
Rick hails from the great state of Texas, where he and his best friend taught themselves how to hunt at an early age with .22s, Bear recurved bows, and borrowed shotguns. In the eighth grade, he saved and bought his first deer rifle, a Western Auto “Revelation” .243 made by Savage. He soon became a crack shot, harvesting many whitetail deer, wild hogs, and a never-ending population of coyotes. His interest in wildlife and the outdoors caused him to gain an undergraduate degree at West Texas State University, where he started the first wildlife club for students. He then went on to Utah State University, where he acquired a Master of Science in Wildlife Science in 1982. He began his career as a crew leader in the Youth Conservation Corps (YCC) with the US Forest Service in 1976. Rick retired after 36 ½ years with the U.S. Forest Service, where he worked half of his career as a professional wildlife biologist and the second half as a line officer. He is nationally known within the USFS as an expert in collaboration and building partnerships. He served as an NRA Range Safety Officer for many years. Rick has been a founding member of the Rocky Mountain Elk Foundation chapters, the Wild Turkey Federation, and Ducks Unlimited. He is the father of 4 sons and grandfather to 11 grandchildren who keep the hunting heritage alive. He and his wife Becky have been married for 47 years and often hunt together. Rick founded the First Hunt Foundation in 2015 to give something back and remember his self-learning journey into hunting, which he didn’t want others to experience. He has grown the First Hunt Foundation to be operational in 47 states with over 1,090 volunteer mentors thus far. He has established mentoring programs within FHF for youth, women, veterans & first responders, and now underserved communities. To say he advocates our hunting heritage would be a huge understatement. He looks forward to helping hunters anywhere to ensure our hunting heritage remains for all.
2023-2024 Voice of Leadership Panelists
Jon Zinnel, Federal Ammunition
Dan Forster, Archery Trade Association
Brent Miller, Congressional Sportsmen’s Foundation
Rick Brazell, First Hunt Foundation
Mark Peterson, Worldwide Trophy Adventure
Michelle Scheuermann, Bullet Proof Communications
Facilitators
The Voice of Leadership Panel is an appointed group of outdoor industry leaders who have volunteered to contribute their voices on crucial hunting and outdoor recreation issues to inform, inspire, and educate participants within our community. |
