While camping can be an exciting weekend getaway, it is not without its risks. Despite some outdoor injuries being the result of a person’s own mistake, others are due to the careless or reckless behavior of another person. If you were injured while camping, a knowledgeable attorney at Buckfire & Buckfire, P.C. could help.
Whether it is unsafe campgrounds, a faulty tent, or another person’s reckless behavior, you should not have to cover your required medical costs and subsequent losses due to the fault of another. By assessing your circumstances, answering your questions, and explaining your rights, a Michigan camping accident lawyer could prove to be an invaluable ally as you pursue compensation.
Establishing Fault for Campsite Injuries
Generally, property owners are liable for keeping their property maintained and safe as to prevent injuries to anyone who enters it legally. This could mean pruning bushes and trimming trees, repairing broken fences, keeping restroom floors dry, and maintaining recreational equipment, among a variety of other actions.
However, to establish that a landowner was at fault, there are multiple legal elements that must be proven. These include:
- A defendant was aware of, or should have reasonably known about, a dangerous condition
- The condition is not so obvious that any reasonable person could have avoided them
- The dangerous area was not marked with suitable warning signs
If, on the other hand, a defective tent is to blame for a claimant’s injuries, they would most likely have to pursue a claim against the tent’s manufacturer or designer. Furthermore, if another camper’s reckless behavior caused an injury, a personal injury claim would have to be pursued directly against them. To this end, a well-versed Michigan camping accident lawyer could help to determine who is at fault for a claim and work to pursue compensation against them.
Government Campground Liability
If a camping-related injury occurred on government-owned property, it might be even more prudent that an injured camper contact a camping accident lawyer in Michigan for legal assistance. This is because government entities often have more immunity against legal claims than private landowners. Government entities could claim any of these immunities:
- Trail immunity— applies to injuries caused by defects or hazards on a recreational trail path
- Design immunity— applies to injuries caused by any danger that was part of a permitted design plan
- Hazardous recreational activity immunity— applies to injuries incurred while the camper is willingly participating in a hazardous activity
Because of these nuances, have the skill and knowledge of an attorney could be crucial for a claim.
Understanding Comparative Fault
When someone is looking to pursue a claim for compensation, it is important to understand the state’s comparative fault law. Essentially, if it is determined that an injured claimant is partially to blame for their own injuries, their degree of compensation could be reduced to match their percentage of fault.
Under these circumstances, if a plaintiff was found to be 40 percent at fault, they could, therefore, still recover 60 percent of the awarded damages. This comparative fault might arise if, for example, the injured camper walked off a marked trail, did not have the proper gear, or not did fully follow a landowner’s instructions. A camping accident attorney who has experience with how liability is handled in Michigan claims could help to explain these complexities to a potential claimant.
Schedule a Consultation with a Michigan Camping Accident Attorney
If you were injured while on a campground, you should retain a Michigan camping accident lawyer for legal help. Even if you signed a waiver to rent a camping space, you might still have a valid case on the basis of negligence.
A seasoned attorney at Buckfire & Buckfire, P.C. is here to help. To begin working on a claim, call a legal professional to schedule a free case review.
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