Across the country, hunters and archers continue to be injured by carbon arrows and carbon composite arrows. According to an active case pending in the Northern District of Alabama, on September 19, 2013, Jason Ferguson filed suit in Jackson County, Alabama due to injuries that he sustained due to a carbon fiber arrow failing. Jason was an experienced archer with experience instructing others, who had practiced the sport for 20 years. On August 23, 2012, he purchased a set of Easton FlatLine D.O.A. carbon fiber arrows from Big Daddy’s in Bridgeport, Alabama.
A few days later, Jason went to a friend’s farm to shoot these never used arrows at a target. His bow was approximately two years old and was in good working order. He inspected the arrows visually and by flex testing them before using them. Despite this, the arrow shattered upon release and punctured his left arm and wrist, causing injuries which required medical treatment in the nearby emergency room. These injuries led to Jason suffering scarring, lost wages, medical expenses, and pain and suffering.
Carbon arrows and carbon composite arrows, such as the one used by Jason, are known to pose a risk from shattering, even when they are used properly. Jason used every precaution he knew to take, as an experienced archer. Despite his efforts, the inadequate warnings on the arrows, and the nature of the carbon arrows, as designed, led to Jason being severely injured.
This case, which is styled as Ferguson v. Easton Technical Products, Inc. et al, Case # 5:13-cv-01931-SGC, is still pending in the court system in the Northeastern section of the Northern District of Alabama. It, and other cases like it, have been litigated by Easton Technical Products, Inc., and other defendants, who have been unwilling to compensate the injured archers for their injuries. Many injured archers and hunters have found themselves unable to resolve their claims, and have therefore turned to experienced attorneys like our firm to deal with their injuries.
When an injury happens, it is important that you have competent representation as early in the process as practical, as there are time limits for filing a lawsuit in most jurisdictions. It is important to determine whether the injury was caused by a product defect, by an inadequate warning regarding the testing procedures, or by some other means.
Bahe Cook Cantley & Nefzger is currently reviewing and accepting cases on behalf of hunters and archers injured by carbon arrows and carbon fiber arrows.