All states prohibit hunters from firing too close to a dwelling, often 400 to 500 yards. The New York rule is 500 yards. Taibi had fired on a deer from a deer stand and jumped down to fire another round at the escaping deer. That round hit Charly.
Accidents are obviously inevitable during hunting season, but some are clear acts of negligence and potentially criminal acts, click here. For a prior column discussing these cases, click here.
In this case, civil liability is likely to follow. Taibi is accused of violating a statutory standard of care, making this a potential negligence per se case as well as a battery case for wrongful death.
