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Product Liability

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12/24/2009
Scott Cannon
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Another Hunter Injured in Fall from Gander Mountain Tree Stand

     Its funny how word gets out about dangerous and defective products that are subject to a product recall.  Since an article appeared in the Rochester Democrat and Chronicle newspaper and in the Livingston County News ( See here  http://www.democratandchronicle.com/article/20091212/SPORTS/912120342/Tree-stand-recall-forced and here   http://thelcn.com/blog/2009/12/geneseo-attorney-prompts-national-tree-stand-recall/ ), I have received numerous phone calls from other hunters around western New York and the southern tier looking for an injury lawyer who have been hurt in falls from tree stands.  Some of these callers have become clients who may posess claims against the manufacturers and retailers of the tree stands they fell from.
     Contrary to public opinion, the fact that Gander Mountain Company has recalled the 2008 models of their GMT-101 and GMT-103  does not mean that anyone who was injured using those products will get money from Gander Mountain.  They must first prove, among other things, that a defect in the product caused their injury.  Further, in order to inform a New York jury about the roduct recall, the injured hunter must get around an evidence rule which says that evidence of a product recall can't be used to prove the subject product was indeed defective.
     So what am I telling you?  If you think you may have a claim for injuries suffered through use of a tree stand or any other hunting product, call an experienced product liability lawyer who can put you in touch with the right experts and evaluate your case.  Do it sooner rather than later, and preserve the product/piece of equipment in the state it was in when you were injured- do not modify it in any way.

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