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Hunting is a tradition for many people in New York State, but an accident on private property can leave a hunter facing serious injuries, medical bills, and time away from work. If a dangerous condition on the property contributed to the accident, you may wonder if you can hold the landowner responsible.
New York generally protects landowners from lawsuits involving people who use their property for hunting. However, that protection has exceptions. The Syracuse premises liability lawyers at Catalano Law can review how your accident happened and determine whether you may have grounds for a claim.
When Can a Landowner Be Liable for a Hunting Injury?
Normally, property owners must take reasonable steps to address dangerous conditions on their property. Hunting accidents are different because New York General Obligations Law § 9-103 limits the liability of landowners whose property is used for certain outdoor recreational activities, including hunting, fishing, hiking, canoeing, horseback riding, and snowmobiling, among other activities.
When the law applies, an owner, lessee, or occupant generally does not have a duty to make the property safe or warn recreational land users about hazardous conditions.
That means ordinary negligence generally is not enough to hold the landowner liable.
For example, in the 2026 case Saraceno v. Mazikowski, the Appellate Division upheld the dismissal of a hunter’s lawsuit after he fell from a tree stand on private property, finding that New York’s recreational use law protected the landowner from ordinary-negligence liability.
Trespassers Vs. Guests: Is the Property Owner Liable If They Gave Permission to the Hunter?
The law states that giving someone permission to hunt does not, by itself, make that person an invitee to whom the owner owes an ordinary duty of care. That means a hunter cannot avoid the recreational use law simply because the landowner permitted them to be on the property.
Likewise, entering private land without permission does not automatically make the owner responsible for an injury, regardless of whether the hunter knew they needed permission to be there. Section 9-103 also states that its protection can apply to qualifying property whether or not there was signage posted.
What Are the Exceptions to New York’s Recreational Use Law?
Depending on the circumstances, you may still have a claim when:
- The Owner’s Conduct was Willful or Malicious: The law does not protect an owner who willfully or maliciously fails to guard or warn against a danger. Deliberately setting a concealed trap intended to injure trespassers, for example, could fall outside the statute’s protection.
- You Paid for Permission to Hunt: The law’s liability protection does not apply if the landowner charged you to use the property for hunting or another covered recreational activity.
- Another Authorized Recreational User Injured You: The law may also allow a claim if someone else the landowner permitted to use the property caused your injury and the landowner otherwise had a duty to keep you safe.
Courts have also described the willful-or-malicious exception as requiring a high level of proof, rather than merely evidence that the property owner should have been more careful.
What if Someone Other Than the Landowner Caused the Accident?
Even if New York’s recreational use law protects the landowner, someone else may be responsible for your injuries. For example, another hunter could be liable for carelessly firing a weapon or putting people nearby at risk.
A hunting injury could also involve defective equipment. If a faulty tree stand, harness, firearm, or other product caused or contributed to the accident, the manufacturer or another company involved with the product may potentially be liable.
What Evidence Can Help Prove a Hunting Injury Claim?
What happened at the scene can determine whether the recreational use law protects the landowner or if an exception may apply. If you are able, preserve evidence such as:
- Photographs or videos of the hazard and surrounding property
- Witness names and contact information
- Text messages, emails, or other communications with the landowner
- Hunting leases, receipts, or other evidence showing that you paid to use the land
- Information showing the owner knew about or deliberately created the hazard
- Police, Department of Environmental Conservation, or other accident reports, if the incident was reported
Take photographs as soon as you can safely do so. A damaged tree stand may be repaired, a hole filled, or another dangerous condition removed before anyone can investigate and document its existence at the time of the accident.
You also have a limited amount of time to pursue a claim. Under New York law, most personal injury lawsuits must be filed within three years of the injury, although different deadlines can apply.
Was Your Hunting Injury More Than an Ordinary Accident?
New York gives landowners broad protection from hunting-related injury claims, so showing that the property was simply unsafe may not be enough. What caused the accident and the landowner or a third party’s conduct can determine whether you have a claim.
The Syracuse premises liability lawyers at Catalano Law can investigate what happened, identify who may be responsible, and determine whether an exception to New York’s recreational use law applies.
Contact a member of our team for a free consultation to discuss your hunting injury and your options for pursuing compensation.
