Tree Stand Falls and Hunting Season Injuries in Michigan: When Someone Else May Be Responsible

For a lot of Michigan families, November means one thing. Alarms go off before dawn, trucks head north on I-75, and someone climbs into a tree stand with a thermos and a lot of hope. Most hunts end with a story, a cold nose, and maybe a deer. A few end with a fall that changes everything.

When a hunter falls from a tree stand, people tend to assume it was simply an accident or a moment of carelessness. Sometimes that's true. Other times, a strap was worn through, a weld cracked, a ladder stand was set up on a rotting tree, or a paid hunting property was not maintained the way it should have been. If you or someone you love was hurt this season, it may be worth understanding whether someone else shares responsibility.

Why Tree Stand Falls Are So Serious

Tree stands put hunters well above the ground, often on frosty metal, in the dark, wearing heavy layers and carrying gear. A fall from that height can cause injuries that last far longer than the season.

Injuries We Commonly See After a Fall

If you are unsure whether to see a doctor, our FAQ on seeing a doctor right away after a fall explains why waiting can hurt both your health and a later claim.

How Most Tree Stand Falls Happen

The Michigan DNR reminds hunters every fall to keep three points of contact when climbing into or out of a stand, to wear a full-body harness attached to a secure line above their head, and to raise an unloaded firearm or crossbow with a rope rather than carrying it up. The DNR has also pointed out that many falls happen while a hunter is climbing up or down, not while sitting in the stand.

Those habits matter, but a hunter can do everything right and still fall if the equipment fails or someone else set the stand up badly.

When a Fall Is More Than Bad Luck

A Defective Stand, Strap, or Harness

Ratchet straps, cables, welds, seat brackets, and harness tethers are all designed to hold weight in cold, wet conditions. When one of them breaks under normal use, the manufacturer, seller, or distributor may be responsible under Michigan product liability law.

A Poorly Maintained Stand on Someone Else's Land

Permanent and ladder stands are often left up for years. Wood rots, bolts rust, and trees grow around hardware. If a landowner, hunting club, or outfitter put the stand up and knew or should have known it was unsafe, a premises liability claim may be possible, depending on the access arrangement.

A Paid Hunt, Lease, or Guided Outing

When you pay to hunt, the legal picture can change. A hunting lease, guided hunt, or club membership may create duties that don't apply to someone hunting a neighbor's woodlot for free.

Someone Else's Careless Setup

Sometimes a friend, relative, or hired hand installs a stand and skips steps in the instructions. That person's choices may be part of the picture too.

Michigan's Recreational Land Use Act and Free Hunting Access

Michigan has a law, often called the Recreational Land Use Act, that protects landowners who let people hunt, fish, hike, or ride on their land without paying. Under that law, a person who is on someone else's land for hunting without paying the owner a valuable consideration generally cannot bring a claim against the owner unless the injury was caused by the owner's gross negligence or willful and wanton misconduct.

That is a high bar, but it is not a complete wall. The protection depends on whether you paid for access, and it does not shield a manufacturer whose product failed. Michigan courts have also changed how they look at open hazards on property in recent years, which our FAQ on how open and obvious works today walks through.

Product Liability Claims for Tree Stands and Safety Gear

Tree stands, climbing sticks, and harnesses are consumer products, and the U.S. Consumer Product Safety Commission has announced recalls of hunting stands and related gear over the years. If your stand or harness was recalled, our guide on what to do when a recalled item already hurt you is a good next read.

Even without a recall, a product claim may exist if the design was unsafe, the item was made wrong, or the warnings and instructions fell short. Manufacturers often respond by arguing the product was misused, altered, or past its useful life, which is why the physical equipment is such important evidence. Our product liability team in Berkley handles these matters regularly. If you are unsure whether your fall is a property issue or a product issue, our FAQ on premises claims versus product defect claims uses a similar example.

Does It Matter If I Wasn't Wearing a Harness?

It may. Insurers often point to a missing or unclipped harness to argue that the hunter caused their own injuries. Michigan uses comparative fault, which means a court may reduce compensation by your share of responsibility rather than automatically barring the claim. Under Michigan law, if a person is found more than half at fault, noneconomic damages such as pain and suffering may not be available.

A harness question does not end the conversation, especially when the stand itself broke. Our FAQ on whether you can still recover if you were partially at fault explains how these percentages tend to work.

What to Do After a Tree Stand Fall

The first days after a fall can shape what can be proven later. If you are able, or if a family member can help, these steps protect both your health and your options.

How Long Do You Have to Act?

Michigan generally allows three years to file a personal injury lawsuit, and product liability actions generally have a three-year limit as well. Exceptions and special rules can apply, so it helps to check the timeline early. Our FAQ on how long you have to file a personal injury claim covers the basics.

How LSM Lawyers Can Help After a Hunting Injury

At LSM Lawyers, we handle premises liability and product liability matters for people across Oakland, Macomb, and Wayne counties, and for Metro Detroit families who were hurt hunting up north. We look at the stand, the land, the agreement, and the people involved, and we work with qualified experts when equipment failure is in question.

Our consultation is free, and you'll speak with a team that knows your name. Tony Shapero often speaks with new clients personally, because we believe a serious injury deserves a real conversation.

Frequently Asked Questions

Moving Forward After a Hunting Season Injury

Hunting is part of who many Michigan families are, and an injury in the woods can feel like losing far more than a season. Recovery takes time, and so does figuring out what went wrong.

You don't have to decide anything today. Understanding your options simply means that when you are ready to look at what happened, you will have accurate information and a team that takes the question seriously.

Talk to Someone Who Actually Picks Up the Phone

If you were hurt in a tree stand fall or another hunting injury, our Berkley team is here to listen. We'll help you sort out whether the land, the equipment, or someone else's choices played a role.

This content is for general informational purposes only and does not constitute legal advice. Contact LSM for guidance specific to your situation. Past results do not guarantee future outcomes.