Property Owner Not Liable for Wisconsin Hunter’s Injuries

July 18, 2018

An insurance company was upheld in its denial of a claim filed by a hunter who was accidentally shot in the head nearly four years ago on its insured’s property.

According to court documents, David Devine shot Patrick Humfeld in the head while both men were hunting on John Marsh’s property in Galesville in November 2014.

Humfeld sued State Farm Fire and Casualty Company, Marsh’s insurance company, for damages last year alleging Marsh was negligent because he failed to monitor hunters on his property.

A Trempealeau County judge ruled in favor of State Farm. The 3rd District Court of Appeals upheld that ruling Tuesday, finding Wisconsin’s recreational immunity statute applies in the case. That statute generally limits property owners’ liability when a person is hurt engaging in a recreational activity on their land.

Humfeld’s attorney didn’t immediately reply to an email.

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