Land owner found liable for hunter's misdeed

that he should have known his

A negligence finding against

bullets could endanger people a Pennsylvania landowner for

in nearby residential areas, and the actions of a hunter using his

should not have been using a land has many property owners

high-powered rifle. -- and hunters -- up in arms.

What has alarmed

A woman injured by a stray

landowners and hunters is the bullet two years ago won a civil

jury's finding that Daniel Haas, lawsuit she filed against the

the owner of the 140-acre hunter who allegedly fired the

orchard from which the shots shot. A Lehigh County jury

were fired, was also liable. decided that Casey Kantner,

The incident took place in 20, deserves compensation for

Coplay, northeast of her injuries.

Philadelphia. A rifle shot fired

Kantner sued hunter Craig

by Wetzel traveled more than Wetzel for negligence, saying one-half mile before striking Kantner in the head as she sat in her car.

Kantner, 18 at the time and six months pregnant, was hospitalized for a week and had surgery to repair her fractured skull. She has since recovered. Her baby was born safely three months later.

Mark Thomas, a hunting and wildlife management expert, testified that Haas should have set rules for hunting on his land. But Paul Caparatta, a hunting expert, told the court a landowner has no responsibility to make sure a hunter fires a gun safely. Haas' lawyer, Jay Branderbit, also pointed out that state game rules do not require Haas to supervise Wetzel in any way.

Joel S. Rosen, attorney for the plaintiff, said, "Landowners have a responsibility when they allow hunting on their property. This landowner did not know if (Wetzel) was a safe hunter. He did not know what kind of gun he was using. He did not even know if he had a hunting license. We have proven the property owner's negligence."

The original jury could only determine negligence. A separate panel will decide the amount of damages.

Pennsylvania's Recreational Use of Land and Water Act, passed in 1966, is supposed to protect landowners from liabilities connected with allowing the public to use their properties without charge. The jury's decision poses questions about the validity of that law.

"We're watching the case very closely," said Jerry Feaser, spokesman for the Pa. Game Commission. "It's not just hunting that is at risk here. It is all forms of outdoor recreation. You have the potential for landowners overreacting and closing land to all forms of outdoor recreation."

Farmers and woodlot owners are also alarmed, since they rely on deer hunters to trim populations of whitetails that can ravage their products.

"The future of hunting on farmland in Pennsylvania could be in jeopardy if farmers are held responsible for the actions of those who hunt on their land," said Carl Shaffer, president of the Pa. Farm Bureau.

Hunters and farmers will be pressing the Pa. General Assembly to strengthen their protection when the next legislative session opens in January.