Hunter Sues Federal Cartridge; Claims Faulty Bullet Almost Cost Him His Life
In what seems to be a very odd lawsuit, a hunter, Rolf Rohwer, was on an African lion hunting safari when bad luck turned almost deadly.
According to court testimony, Mr. Rohwer was hunting a lion when he shot it in the paw injuring it in a very non-lethal way. So as not to let the animal wander off injured, the hunter then began to track the animal for 3 hours until he found it about 60 meters away.
The lion recognizing Mr. Rohwer’s approach began to charge when the hunter shot his high-powered rifle at the creature when it had closed the gap to only 7 meters. A second later the animal was on top of the hunter and mauling him. Eventually, the shot that hit the lion a split second before the attack on the hunter proved fatal as the lion died, but the hunter was injured so badly that he had to be air-lifted to a hospital.
You can read much more about his story here. Still, the hunter tried to claim Federal Cartridge manufactured an inadequate bullet that should have contained a warning label on the box. The hunter claimed he had shot over 100 lions in his lifetime, but had never used this particular load manufactured by Federal. The hunter’s claims were that Federal was responsible for his near-death experience and should be found negligent in their manufacture and promotion.
According to the Litigaton Professional Information Center, their report sums up the decision as:
“Chief Judge James M. Rosenbaum of the U.S. District Court for the District of Minnesota dismissed his claims for negligence, design defect, breach of warranty, and failure to warn….Judge Rosenbaum found Federal Cartridge had no legal duty to provide a warning. Rohwer failed to demonstrate either that the product was dangerous or that Federal Cartridge had superior knowledge or any danger, the judge wrote. Rohwer offered no studies, tests, field reports, or evidence of bullet-failure incidents other than his own….”
As I read this I can’t help but form some impressions about the hunter, Mr. Rohwer. First off, he offers only himself for expert testimony considering that his hunting experiences were so vast that apparently nobody else could measure up. Second, it strikes me as odd that a hunter, supposedly of his experience level, would wait until a charging animal is only 7 meters away before discharging his gun. For those who are not familiar with the metric system, that equates to about 23 feet away.
I don’t know many experienced or non-experienced hunters alike who would allow a fast charging critter of that danger level to get so close without firing. Granted, we were not in that situation so it might not be fair to speculate…but there is a lot about this story that just doesn’t add up in my mind.
My hunch is Mr. Rohwer is looking for an excuse. His pride has gotten in the way for him to accept the fact he made a few mistakes. Rather than let his reputation of a serious, successful hunter be tarnished by this attack, it is far easier to blame the equipment he was using rather than accepting responsibility for the outcome.
I am really bothered by people who make themselves out to be the victims when it is their own stupidity or poor judgment that created the situation. I’m not saying that Mr. Rohwer is either…but something with this story seems awfully suspicious. Now in his failed attempt to prove product liability, perhaps it is time for Rohwer to look for what might be the real cause of his injuries.
© 2005 Jim Braaten. All Rights Reserved. No Reproduction without Prior Permission.