What to do after a Tree Stand Injury

Aug 12, 2019 | Hunting Accidents

TL;DR: Monsees & Mayer - Tree Stand Injury, Nationwide

Monsees & Mayer supports victims of tree stand accidents. If you fall, stay calm and assess your injuries. Use your fall-arrest system to relieve pressure if suspended. Call 911 immediately and provide your exact location. Avoid moving if you suspect spinal injuries. Document the scene and seek legal counsel to explore potential compensation options.

Knowing what to do after a tree stand injury can not only help save your life but also help your attorney secure the compensation you may need later on to overcome your injuries.

Call For Help

From a strict safety standpoint, carrying a mobile phone with you when you hunt is a potential life-saving connection. If you fall and have the presence of mind and body to call for help, do so immediately. If your stand collapses and you are suspended in a tree, easy access to a mobile phone may be essential to prevent the quick onset of suspension trauma.

Once you have summoned help, the next steps are largely dependent on your physical condition.  

Attend To Your Injuries

First and foremost, attend to your injuries. Make sure you fully describe your injuries and pains to all medical personnel. Make a point, if possible, to note that your stand “collapsed” or “failed” rather than “I fell from a tree stand.” The latter description suggests user error rather than a defect in the stand itself.

Alert Friends, Fellow Hunters and Loved Ones

One should always alert friends, fellow hunters and loved ones of your position when hunting. Make sure to tell them your expected time of return as well. A significantly injured hunter may not have the physical capacity to summon help. Friends and family may not realize you need help for hours, especially if you have left no expected time of return.

Fully Document the Scene

Either you or someone you designate should fully document the scene. Photographs of the immediate after-accident condition of the scene are vital. This includes the tree to which the stand was erected. There is no such thing as too many photographs from too many angles. Write down anything you remember about what happened or saw during the accident. This will ensure you don’t forget or confuse the facts.

Secure the Stand

Secure the stand in its condition immediately following the failure. Do not attempt to repair it, clean it or otherwise change its condition in any fashion. Changes to the product can result in an allegation of “spoliation of evidence.” In other words, do nothing, however innocent, to change the condition of the evidence.

Do Not Alter Anything

Do not alter the scene of the fall, the condition of the tree or stand or the damage to clothing. Preserve blood stained clothing. It may give some indication of how someone landed and what portions of the body struck first.

Store the Stand

Properly secure and store the product. Preserve it in its immediate, after-fall condition. Attempt no repairs, reconstructions, cleaning or other changes to the scene or the stand.
If the stand is new enough that you still have product packaging (e.g. boxes, literature) keep those as well.

Watch What You Say

It is common for game wardens or wildlife authorities to do an investigation. Again, if the product failed, this needs to be noted. Wildlife authorities are frequently allegiant to product manufacturers. In short, many are of a mindset that injuries only happen due to user or hunter error. Be careful of what you say. Take the time to consult with an attorney, if you have access to one, before speaking with law enforcement authorities.

Avoid Speaking About the Accident

It is best to avoid speaking about the accident on social media, to any insurance companies or representative of the manufacturer without your attorney present. A single statement taken out of context can eliminate the potential you have to recover compensation.

Obtain All Documentation

Be sure to keep record of all medical treatment and accident related expenses to give to your attorney. Your attorney can use any documentation related to the incident to substantiate the cause of your injuries.

David Mayer

Position: Managing Shareholder

Office: Kansas City

David M. Mayer is the managing shareholder of Monsees & Mayer, P.C., in Kansas City, Missouri, where he focuses on advocating for victims of sexual abuse, motor vehicle accidents, and premises liability. A Kansas City native, David is dedicated to seeking justice for his clients, particularly children and the elderly harmed by the negligence of others. Notable cases include a $5 million verdict for a swimming pool negligence incident, $24 million dollar sexual abuse verdict and numerous multi-mllion dollar confidential settlements in sexual abuse cases. His work has helped clients secure compensation for injuries from dangerous conditions in stores, car accidents, and other harm caused by negligence.

*This blog post is provided for informational purposes only and does not constitute legal advice or create an attorney–client relationship. While Monsees & Mayer strives to ensure the accuracy of the information presented, laws and legal interpretations are subject to change. Content on this site may not always reflect the most current legal developments. For advice regarding your specific situation, please contact Monsees & Mayer directly.

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