It was bound to happen...

[mudhen]

When the trials start up, I'm sure we'll find out what civil juries think about reaping...could go either way...


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[pabossie255]

Never did it don't want shot plain and simple.

[SteelerFan]

When the trials start up, I'm sure we'll find out what civil juries think about reaping...could go either way...


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I've thought about this as well... In my opinion, in criminal court the shooter will most likely be found 100% culpable for negligent hunting. But in civil court, contributory negligence on behalf of the victim(s) will certainly enter into the discussion.

Someone mentioned in an earlier post - run across the interstate at midnight wearing black clothes and get hit by a truck? Contributory negligence?

Not exactly a perfect comparison, since most states have made it illegal for pedestrians walking on highways - for their own safety.

Hmmm...

[sixbird]

Of course every hunter is responsible for being sure what he's shooting at IS what he's shooting at. That said, there is scientific evidence to show that in some circumstances, the mind sees what it expects to see. So, if you're absolutely sure what you're seeing is what you're seeing, and it's not, yes, you're still responsible but why would you put yourself or someone else in that position? Do you want a turkey that bad to chance ruining your life or someone else's?
I know everyone has an opinion, and I know some here will disagree with mine. I just have a hard time understanding a person intentionally putting themselves in harms way, then blaming someone else entirely for an accident.
I guess my thought process is it's almost like you're intentionally trying to trick someone into shooting you, then complaining that they did...

[DTGobble]

I just don't understand how anyone can mistake anything other than a gobbler for a gobbler.  It doesn't make sense to me.  Sure, I've seen things that make me take a second look, it happens all the time, but to actually mistake anything for a turkey is crazy to me. A guy could crawl through a thicket in front of me with a taxidermy quality mounted gobbler for a hat, and still no shot.  I was very fortunate to have a father who not only was an excellent turkey hunter, but practiced and preached safety first at all times.  I have seen people using a fan while hunting in the spring on a couple of occasions.  Still, nothing about seeing it in the woods spelled turkey to me. DSD, Avian X, Primos or whatever brand decoy, all look 100x more real than the foam hens we used to use.  Still far from the real thing in the wild. And this umbrella fan?  Its almost 4 feet wide!  I guess I'm crazy, or weird, but I just don't see it at all.  People getting shot deer hunting?  How can a person be confused for a deer?  Especially enough to shoot?  I know everyone won't agree, and I'm sorry for ranting, but I read about this every year and I always say the same thing.  How is this possible?  I guess people get excited, can't see, get in a hurry, or any number of things.  Fanning/reaping shouldn't be dangerous, but I guess if people can't identify their target properly, it can be.

[drenalinld]

Again....... the guy pulling the trigger is 100% at fault.
There is no argument against the shooter being at fault that holds any water at all.
I know you traditionalist don't like reaping,fanning,whatever you want to call it, but it is an effective way of killing turkeys and is legal most places.
Is is smart to fan/reap on public land? Absolutely not! Why? Because there are a lot of folks out there that are desperate to kill something and don't take the time to properly identify what they are shooting. 

IT IS THE SHOOTERS RESPONSIBILITY TO IDENTIFY AND CONFIRM WHAT THEY ARE SHOOTING.


YOU NEVER KNOW FOR CERTAIN WHO IS ON ANY PROPERTY. PEOPLE TRESPASS ALL THE TIME. ESPECIALLY WHEN TURKEYS ARE GOBBLING. DOESNT' MAKE IT RIGHT BUT DON'T RISK IT.

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[sixbird]

Can't say I don't agree that the shooter is responsible for his shot. That's a tenent that every hunter should learn before even handling a firearm.
That said, I've seen some of the yahoo's that are in the woods, AND being fooled myself, like I said, I wouldn't think about risking it...
Just my opinion. You all make perfect sense but I don't think you'll see me behind a fan any time soon...