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Injured Hunter Sues Tree-Step Manufacturer

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May 28, 2009

Injured Hunter Sues Tree-Step Manufacturer

From The Southeast Texas Record:

[Texarkana hunter] Dustin Stringer [has]  filed a product liability lawsuit against Ameristep Corp.

Stringer states that on Sept 28, 2008, while climbing into his deer stand that he caught his right arm on a Grizzly Tree Step causing "serious and permanent injuries."

The complaint alleges the tree step was in a defective condition, which "rendered it unreasonably dangerous even though it was being used for its intended purpose."

Stringer alleges the defendant is liable for "designing and manufacturing a step that created a safety hazard and/or danger and a failure and/or to provide adequate warnings regarding use of the step. . . ."

More Whitetail Headlines:

Texas Whitetail License Plate Gets Makeover

Louisiana Deer Study: Bucks Roam 300 Acres In Fall
 
Nebraska Deer Are TB-Free

West Virginia Residents Ask Officials To Declare Deer “Public Nuisance”

Comments (27)

Top Rated
All Comments
from ENO wrote 2 years 36 weeks ago

It's sad to hear about anyone getting injured but these lawsuits have got to stop. There are inherent risks associated with hunting, guns and climbing trees. If you are not responsible enough to handle those risks get a new hobby. Personal Accountability 101 should be added to the public school curriculum.

+3 Good Comment? | | Report
from buckhunter wrote 2 years 36 weeks ago

Common sense should tell you that these steps are dangerous. The mechanical simplicity of a tree step is idiot proof. The worse part of this whole thing is that if this idiot wins his case, we are the ones who will pay for it with higher prices.

+3 Good Comment? | | Report
from Big O wrote 2 years 36 weeks ago

Just another case of an idiot that "hurts" themselves(skinned his knee) and wants someone eles to pay for his stupidity. Sad that this what the country is turning into.
What ever happened to personal responsibility?

+4 Good Comment? | | Report
from Clay Cooper wrote 2 years 36 weeks ago

A Judge said it best

What part of hot in hot chocolate you just do not understand!

Remember in Australia last year a chap dove off a bridge that had a sign “NO DIVING” but because the sign did not include the phrase “serious injury may result or death” he won in the case.

Poor Dustin Stringer, I bet his mother didn’t allow him to play outside with the other kids!

Don't do that Dustin, you might fall down and hurt yourself if you ride your bike.

Al of this reminds of the following

“False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils, except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm those only who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicide, for an unarmed man may be attacked with greater confidence than an armed man. They ought to be designated as laws not preventive but fearful of crimes, produced by the tumultuous impression of a few isolated facts, and not by thoughtful consideration of the inconveniences and advantages of a universal decree.”
-Ceasare Beccaria, 18th century criminologist, in On Crimes and Punishments

+8 Good Comment? | | Report
from Beekeeper wrote 2 years 36 weeks ago

It is a travesty that companies must pay through the nose to insure products against such individuals. I was talking to a fellow who is a higher up in a big time tree stand company. He told me almost 20% of the cost of each unit the company sells goes in one way shape or form into liability insurance.

Common sense as long flown out the window in this country. Throw in bottom feeding attorneys and judges who will hear almost anything now days and we get such as this.

We dearly need tort reform in this country, but as long as trial lawyers reside in our state houses and in govt at the national level it will never happen.

+5 Good Comment? | | Report
from jjas wrote 2 years 36 weeks ago

Anyone with a bit of common sense knows that using treesteps is dangerous. The steps are built to carry a certain amount of weight but I'd bet my house that this and 99.9% of accidents occur from improper installation and/or usage rather than manufacturers defects.

This genius is looking for an out of court settlement and he'll get it. It's just a matter of how much he (and his attorney(s) receive.

And we wonder why crap costs so much today.....

Jim

+7 Good Comment? | | Report
from Hunter Savage wrote 2 years 36 weeks ago

it is just simply insane that this is allowed to happen. how is it that these people are not accountable for their own actions and stupidity . STUPID SHOULD HURT that man and his attorney should both be locked up .

like my grand mother used to say YOU WANT TO CRY I'LL GIVE YOU SOMETHING TO CRY ABOUT MR. JOHNSON !

+3 Good Comment? | | Report
from chuckles wrote 2 years 36 weeks ago

"Hunter in defective condition, can't stop whining." is what the headline should read.

+2 Good Comment? | | Report
from Big O wrote 2 years 36 weeks ago

Definitly "Operator Error". Not product malfunction.

+4 Good Comment? | | Report
from vtbluegrass wrote 2 years 36 weeks ago

I wonder how long the step had been in the tree. Some people never remove these things and mild steel can't handle but so much weather. A friend on my dad ripped his forearm open doing some serious muscle and tendon damage when a rusted tree step snapped on him. When he got out of the hospital he blamed himself for being lazy and not removing and/or replacing some of his old steps. He understood personal accountablility unlike the ambulance chaser in this story.

+2 Good Comment? | | Report
from Clay Cooper wrote 2 years 36 weeks ago

There are those that God never intended them to leave the ground!

WATCHA DINK!

+1 Good Comment? | | Report
from jbird wrote 2 years 36 weeks ago

I hope Ameristep's attorneys are able to prove Dustin is an idiot, and not have to pay him a dime. Sounds to me like he's trying to create his own "economic stimulus". Our court systems must STOP letting people profit from ignorance.

+2 Good Comment? | | Report
from FloridaHunter1226 wrote 2 years 36 weeks ago

A Hunter going against a hunting company!?! Sounds like someone is in need of some money and decided to take on hunting to collect his check. I mean any hunter would know that steps as well as all tree stands and anything pretty high off the ground are dangerous and all present their fair share of getting hurt on. You just gotta be safe and ware a safety harness.

+2 Good Comment? | | Report
from ranger2 wrote 2 years 36 weeks ago

Grandpa said, "if your gonna be dumb, you better be tough!"

+4 Good Comment? | | Report
from hunt_fish_sleep wrote 2 years 36 weeks ago

Too bad Darwinism didn't take it's course. This guy deserves a beating.

+1 Good Comment? | | Report
from 3kidsdad wrote 2 years 36 weeks ago

Thanks, Clay. I now have another book to go find and read. Ranger2, the kids will get that one.

What we need is a loser pays system. What do you want to bet Dufus Stringer has a lawyer working on spec? If they lose their case the lawyer is out his time and Dufus is no worse off. They should have to pay Ameristep's (reasonable) legal fees and court costs.

Makes you wonder what this is doing to us genetically. A breeding program promotes the positive. What are we doing?

+2 Good Comment? | | Report
from WA Mtnhunter wrote 2 years 36 weeks ago

Wonder by how many pounds he exceeded the safe operating load limits of the step? Probably more than a few....

+1 Good Comment? | | Report
from darkstar wrote 2 years 36 weeks ago

If only Shakespeare's contemporaries had taken his advice & killed all the lawyers! It is they who encourage us to not take responsibility for our own mistakes.

+2 Good Comment? | | Report
from Jeff4066 wrote 2 years 36 weeks ago

beekeeper is right:

Tort reform is necessary if we can't get "fool reform". Now that prisoners can sue the state if they don't like the food, we need a layer of common sense more than ever.

I do not feel the stand company is in the wrong here.

+3 Good Comment? | | Report
from libertyfirst wrote 2 years 36 weeks ago

No one can build a product that is sold to the general public and expect that product to always be used safely. There are tons of people out there who could hurt themselves with a feather and the problem comes when they try to sue the bird that made it! Absolutely nothing in this world is foolproof. We always used to take the blame for accidents on our own shoulder and admit that we could have taken better care of our well being; but no anymore. Now our society wants to search the Yellow Pages for the biggest ad that says "You've been wronged and I'm here to help" Our hunting heritage is so precious, we can't afford to have lawsuits muscle their way in. Know what your using and use it properly. Does anyone remember commonsense?

+2 Good Comment? | | Report
from dave the bowhunter wrote 2 years 36 weeks ago

there is to many morons any more that sue over any thing they think they can make a dime off,,this country has really become some thing it aint even safe to do any thing with any body or take them out in a boat fishing or hunting with ya or even loan them any thing,because ya cant trust any body any more,if the truth is known Peta or the humane society is behind it either that or ya just got some loser that thinks he is a hunter,,only way it could possibaly be the companys fault is if the step broke off the threaded bolt it was hooked to any body with a half of brain should know how to climb a tree and know what the risks are he didnt fall very far or it would have killed him,,go figure.i cant picture any tree step ive ever seen or use that would break.maybe be he didnt have it screwed in the tree all the way like it should be there are alot of half assed people that do a half assed job thats kind of like buying a box of shells and acidentlly shooting your self and trying to blame it on the company that loaded the shell

+1 Good Comment? | | Report
from Ralph the Rifleman wrote 2 years 36 weeks ago

This topic really is a catch-22, of sorts; Product liability is the cost all manufactures pay to do business. I don't know all the facts in this case,while it may be human error that caused his injury, and maybe it was product error? We simply don't know, but I can tell you "common sense" and LAW do not go hand in hand.Many examples have been noted on the blog, but we still need to have our day in court as an alternative that's what sets us apart from a dictatorship type of government. Lawsuits, or theat there of, do motivate R & D among companies to build a better product.
NOW, if only people would stop trying to take advantage of the HOT COFFEE I DIDN'T KNOW WOULD BURN ME reasoning we would a more responsible society and not one looking for a retirement check around every corner!

+3 Good Comment? | | Report
from Jim in Mo wrote 2 years 36 weeks ago

Back in the day my tree stand (house) ladder was sections of 2x4 and nails. Lumber and nail people never told me that wasn't a good idea. What's the statute of limitations? I still got a scar.

+1 Good Comment? | | Report
from Ed J wrote 2 years 36 weeks ago

Yeah, and that darn lumber rots.

+1 Good Comment? | | Report
from steve182 wrote 2 years 36 weeks ago

Typical these days. Someone always has to be at fault and it's never me. I'd bet this was a case of user error and i hope the courts see this. Also, he assumes the risk, any idiot knows this.

+1 Good Comment? | | Report
from Ralph the Rifleman wrote 2 years 36 weeks ago

Most of the opinions here are probably the norm of most Americans....unless MOST of us suffered injury from an everyday product, say a lawnmower, and you lost a hand or limb due to a faulty design by said lawnmower; Most of you here would chaulk it up to "fate" blame yourself for being stupid and go on with life, missing your body part.
Right. I have some good farm land for sale, too; just in case anyone of you are interested?

+1 Good Comment? | | Report
from credline wrote 2 years 36 weeks ago

Unbelievable. This is just a microchasm of what is wrong with this country today. "It's not my fault and someone should pay me for my ignorance." That is the central theme in these United States. Can you say AIG, GM, etc? Like a previous poster said, the trial attorneys have a giant presence - and they literally buy candidates. This happens at both the state and federal level. Hopefully we will see a follow up story that says the case was dismissed.

+1 Good Comment? | | Report
from Ralph the Rifleman wrote 2 years 36 weeks ago

Wait, are we talking about defrauding someone in business or product liability here? How in God's name does one relate to the other? Now, if I were to HANDLOAD for my rifle and blew up in my face; then I AM LIABLE not the manufacturer of the rifle!
Like I said, until it happens to you, lawyers are vermin...until ya need them!

+2 Good Comment? | | Report
from sizematters wrote 2 years 36 weeks ago

Whether or not you agree with product liablity.....there are provisions within the law that allow induviduals to sue companies that make products which cause injuries. That is a component of our freedom as Americans. We can sue the hell out of whoever we want to and whenever we want to. It doesn't mean we will win...but it does mean that our grievance will be heard! Has it been stretched too far? Maybe. It could be that if more corporations grew a backbone and fought we would less of these but instead the majority of the time they settle which only encourages future lawsuits.
I have never sued anyone. But I like having that option! So watch out! :)

+3 Good Comment? | | Report

Post a Comment

from Clay Cooper wrote 2 years 36 weeks ago

A Judge said it best

What part of hot in hot chocolate you just do not understand!

Remember in Australia last year a chap dove off a bridge that had a sign “NO DIVING” but because the sign did not include the phrase “serious injury may result or death” he won in the case.

Poor Dustin Stringer, I bet his mother didn’t allow him to play outside with the other kids!

Don't do that Dustin, you might fall down and hurt yourself if you ride your bike.

Al of this reminds of the following

“False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils, except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm those only who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicide, for an unarmed man may be attacked with greater confidence than an armed man. They ought to be designated as laws not preventive but fearful of crimes, produced by the tumultuous impression of a few isolated facts, and not by thoughtful consideration of the inconveniences and advantages of a universal decree.”
-Ceasare Beccaria, 18th century criminologist, in On Crimes and Punishments

+8 Good Comment? | | Report
from jjas wrote 2 years 36 weeks ago

Anyone with a bit of common sense knows that using treesteps is dangerous. The steps are built to carry a certain amount of weight but I'd bet my house that this and 99.9% of accidents occur from improper installation and/or usage rather than manufacturers defects.

This genius is looking for an out of court settlement and he'll get it. It's just a matter of how much he (and his attorney(s) receive.

And we wonder why crap costs so much today.....

Jim

+7 Good Comment? | | Report
from Beekeeper wrote 2 years 36 weeks ago

It is a travesty that companies must pay through the nose to insure products against such individuals. I was talking to a fellow who is a higher up in a big time tree stand company. He told me almost 20% of the cost of each unit the company sells goes in one way shape or form into liability insurance.

Common sense as long flown out the window in this country. Throw in bottom feeding attorneys and judges who will hear almost anything now days and we get such as this.

We dearly need tort reform in this country, but as long as trial lawyers reside in our state houses and in govt at the national level it will never happen.

+5 Good Comment? | | Report
from Big O wrote 2 years 36 weeks ago

Just another case of an idiot that "hurts" themselves(skinned his knee) and wants someone eles to pay for his stupidity. Sad that this what the country is turning into.
What ever happened to personal responsibility?

+4 Good Comment? | | Report
from Big O wrote 2 years 36 weeks ago

Definitly "Operator Error". Not product malfunction.

+4 Good Comment? | | Report
from ranger2 wrote 2 years 36 weeks ago

Grandpa said, "if your gonna be dumb, you better be tough!"

+4 Good Comment? | | Report
from ENO wrote 2 years 36 weeks ago

It's sad to hear about anyone getting injured but these lawsuits have got to stop. There are inherent risks associated with hunting, guns and climbing trees. If you are not responsible enough to handle those risks get a new hobby. Personal Accountability 101 should be added to the public school curriculum.

+3 Good Comment? | | Report
from buckhunter wrote 2 years 36 weeks ago

Common sense should tell you that these steps are dangerous. The mechanical simplicity of a tree step is idiot proof. The worse part of this whole thing is that if this idiot wins his case, we are the ones who will pay for it with higher prices.

+3 Good Comment? | | Report
from Hunter Savage wrote 2 years 36 weeks ago

it is just simply insane that this is allowed to happen. how is it that these people are not accountable for their own actions and stupidity . STUPID SHOULD HURT that man and his attorney should both be locked up .

like my grand mother used to say YOU WANT TO CRY I'LL GIVE YOU SOMETHING TO CRY ABOUT MR. JOHNSON !

+3 Good Comment? | | Report
from Jeff4066 wrote 2 years 36 weeks ago

beekeeper is right:

Tort reform is necessary if we can't get "fool reform". Now that prisoners can sue the state if they don't like the food, we need a layer of common sense more than ever.

I do not feel the stand company is in the wrong here.

+3 Good Comment? | | Report
from Ralph the Rifleman wrote 2 years 36 weeks ago

This topic really is a catch-22, of sorts; Product liability is the cost all manufactures pay to do business. I don't know all the facts in this case,while it may be human error that caused his injury, and maybe it was product error? We simply don't know, but I can tell you "common sense" and LAW do not go hand in hand.Many examples have been noted on the blog, but we still need to have our day in court as an alternative that's what sets us apart from a dictatorship type of government. Lawsuits, or theat there of, do motivate R & D among companies to build a better product.
NOW, if only people would stop trying to take advantage of the HOT COFFEE I DIDN'T KNOW WOULD BURN ME reasoning we would a more responsible society and not one looking for a retirement check around every corner!

+3 Good Comment? | | Report
from sizematters wrote 2 years 36 weeks ago

Whether or not you agree with product liablity.....there are provisions within the law that allow induviduals to sue companies that make products which cause injuries. That is a component of our freedom as Americans. We can sue the hell out of whoever we want to and whenever we want to. It doesn't mean we will win...but it does mean that our grievance will be heard! Has it been stretched too far? Maybe. It could be that if more corporations grew a backbone and fought we would less of these but instead the majority of the time they settle which only encourages future lawsuits.
I have never sued anyone. But I like having that option! So watch out! :)

+3 Good Comment? | | Report
from chuckles wrote 2 years 36 weeks ago

"Hunter in defective condition, can't stop whining." is what the headline should read.

+2 Good Comment? | | Report
from vtbluegrass wrote 2 years 36 weeks ago

I wonder how long the step had been in the tree. Some people never remove these things and mild steel can't handle but so much weather. A friend on my dad ripped his forearm open doing some serious muscle and tendon damage when a rusted tree step snapped on him. When he got out of the hospital he blamed himself for being lazy and not removing and/or replacing some of his old steps. He understood personal accountablility unlike the ambulance chaser in this story.

+2 Good Comment? | | Report
from jbird wrote 2 years 36 weeks ago

I hope Ameristep's attorneys are able to prove Dustin is an idiot, and not have to pay him a dime. Sounds to me like he's trying to create his own "economic stimulus". Our court systems must STOP letting people profit from ignorance.

+2 Good Comment? | | Report
from FloridaHunter1226 wrote 2 years 36 weeks ago

A Hunter going against a hunting company!?! Sounds like someone is in need of some money and decided to take on hunting to collect his check. I mean any hunter would know that steps as well as all tree stands and anything pretty high off the ground are dangerous and all present their fair share of getting hurt on. You just gotta be safe and ware a safety harness.

+2 Good Comment? | | Report
from 3kidsdad wrote 2 years 36 weeks ago

Thanks, Clay. I now have another book to go find and read. Ranger2, the kids will get that one.

What we need is a loser pays system. What do you want to bet Dufus Stringer has a lawyer working on spec? If they lose their case the lawyer is out his time and Dufus is no worse off. They should have to pay Ameristep's (reasonable) legal fees and court costs.

Makes you wonder what this is doing to us genetically. A breeding program promotes the positive. What are we doing?

+2 Good Comment? | | Report
from darkstar wrote 2 years 36 weeks ago

If only Shakespeare's contemporaries had taken his advice & killed all the lawyers! It is they who encourage us to not take responsibility for our own mistakes.

+2 Good Comment? | | Report
from libertyfirst wrote 2 years 36 weeks ago

No one can build a product that is sold to the general public and expect that product to always be used safely. There are tons of people out there who could hurt themselves with a feather and the problem comes when they try to sue the bird that made it! Absolutely nothing in this world is foolproof. We always used to take the blame for accidents on our own shoulder and admit that we could have taken better care of our well being; but no anymore. Now our society wants to search the Yellow Pages for the biggest ad that says "You've been wronged and I'm here to help" Our hunting heritage is so precious, we can't afford to have lawsuits muscle their way in. Know what your using and use it properly. Does anyone remember commonsense?

+2 Good Comment? | | Report
from Ralph the Rifleman wrote 2 years 36 weeks ago

Wait, are we talking about defrauding someone in business or product liability here? How in God's name does one relate to the other? Now, if I were to HANDLOAD for my rifle and blew up in my face; then I AM LIABLE not the manufacturer of the rifle!
Like I said, until it happens to you, lawyers are vermin...until ya need them!

+2 Good Comment? | | Report
from Clay Cooper wrote 2 years 36 weeks ago

There are those that God never intended them to leave the ground!

WATCHA DINK!

+1 Good Comment? | | Report
from hunt_fish_sleep wrote 2 years 36 weeks ago

Too bad Darwinism didn't take it's course. This guy deserves a beating.

+1 Good Comment? | | Report
from WA Mtnhunter wrote 2 years 36 weeks ago

Wonder by how many pounds he exceeded the safe operating load limits of the step? Probably more than a few....

+1 Good Comment? | | Report
from dave the bowhunter wrote 2 years 36 weeks ago

there is to many morons any more that sue over any thing they think they can make a dime off,,this country has really become some thing it aint even safe to do any thing with any body or take them out in a boat fishing or hunting with ya or even loan them any thing,because ya cant trust any body any more,if the truth is known Peta or the humane society is behind it either that or ya just got some loser that thinks he is a hunter,,only way it could possibaly be the companys fault is if the step broke off the threaded bolt it was hooked to any body with a half of brain should know how to climb a tree and know what the risks are he didnt fall very far or it would have killed him,,go figure.i cant picture any tree step ive ever seen or use that would break.maybe be he didnt have it screwed in the tree all the way like it should be there are alot of half assed people that do a half assed job thats kind of like buying a box of shells and acidentlly shooting your self and trying to blame it on the company that loaded the shell

+1 Good Comment? | | Report
from Jim in Mo wrote 2 years 36 weeks ago

Back in the day my tree stand (house) ladder was sections of 2x4 and nails. Lumber and nail people never told me that wasn't a good idea. What's the statute of limitations? I still got a scar.

+1 Good Comment? | | Report
from Ed J wrote 2 years 36 weeks ago

Yeah, and that darn lumber rots.

+1 Good Comment? | | Report
from steve182 wrote 2 years 36 weeks ago

Typical these days. Someone always has to be at fault and it's never me. I'd bet this was a case of user error and i hope the courts see this. Also, he assumes the risk, any idiot knows this.

+1 Good Comment? | | Report
from Ralph the Rifleman wrote 2 years 36 weeks ago

Most of the opinions here are probably the norm of most Americans....unless MOST of us suffered injury from an everyday product, say a lawnmower, and you lost a hand or limb due to a faulty design by said lawnmower; Most of you here would chaulk it up to "fate" blame yourself for being stupid and go on with life, missing your body part.
Right. I have some good farm land for sale, too; just in case anyone of you are interested?

+1 Good Comment? | | Report
from credline wrote 2 years 36 weeks ago

Unbelievable. This is just a microchasm of what is wrong with this country today. "It's not my fault and someone should pay me for my ignorance." That is the central theme in these United States. Can you say AIG, GM, etc? Like a previous poster said, the trial attorneys have a giant presence - and they literally buy candidates. This happens at both the state and federal level. Hopefully we will see a follow up story that says the case was dismissed.

+1 Good Comment? | | Report

Post a Comment

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