A Direct Outdoor hang-on treestand is the subject of one federal product-liability lawsuit. John McPeak alleges the cables on his Marksman Hang-on Treestand broke and he fell twenty feet.
His complaint describes a fractured heel, compartment syndrome in the foot, foot surgery and a burst fracture of the lower spine. In 2022 the court denied summary judgment on the design defect, failure to warn and implied warranty claims.
No recall, MDL or class action names Direct Outdoor treestands. The docket lists the McPeak case as terminated in the Eastern District of Pennsylvania.
- Case or litigation name: McPeak v. Direct Outdoor Products, LLC
- Defendants: Direct Outdoor Products, LLC and Sportsman’s Guide, LLC
- Court and docket number, when available: U.S. District Court, Eastern District of Pennsylvania, No. 5:19-cv-03719-JMY (CourtListener docket)
- MDL number, judge, and case count, when an MDL exists: No MDL
- Filing date: August 19, 2019
- Main allegations: Plaintiffs allege negligent and strict-liability design defect, failure to warn and breach of implied warranty after the treestand cables broke and John McPeak fell twenty feet
- Products or people involved: Marksman Hang-on Treestand; plaintiffs John McPeak and Robin McPeak
Table Of Contents
Latest Direct Outdoor Tree Stand Lawsuit Updates
October 11, 2022: Docket Lists the McPeak Case as Terminated
The CourtListener docket for McPeak v. Direct Outdoor Products, LLC lists the case as terminated in the U.S. District Court for the Eastern District of Pennsylvania on October 11, 2022 [1].
The docket gives no reason for the termination. Direct Outdoor Products, LLC and Sportsman’s Guide, LLC were the named defendants.
September 20, 2022: Court Rules on Summary Judgment
In a written memorandum, Judge John Milton Younge denied summary judgment on the design defect claims. He also denied it on the failure to warn claims and the implied warranty claim [2].
He granted summary judgment on the manufacturing defect and UTPCPL claims. Disputed facts on design and warnings could go to a jury. The court did not decide who is at fault.
August 19, 2019: John and Robin McPeak Sue Direct Outdoor Products
John McPeak and his wife Robin McPeak sued Direct Outdoor Products on August 19, 2019. The case was assigned to Judge John Milton Younge.
What Is a Hang-On Treestand?
According to the U.S. Consumer Product Safety Commission and its Big Game Treestands recall notice, a hang-on treestand is a “Hang-on style treestand used to hunt from elevation” [3].
The Marksman Hang-on Treestand in the McPeak case is a stand of this type. The court describes a hang-on stand as affixed by cables that wrap around a tree.
Who May Be Affected?
Hunters who use a hang-on treestand held to the tree by wire cables may be affected. A cable, strap or platform that fails can cause a fall. This includes stands that came with plastic-coated steel cables.
In the McPeak case, the stand was a Marksman Hang-on Treestand that Mr. McPeak testified he bought in 2014. The alleged failure came within seconds after he stepped onto the foot platform.
Whether any one injury supports a claim depends on the facts of that fall, and each person needs an individual legal review.
Reported Injuries or Damages
In the McPeak complaint, John McPeak was diagnosed at the hospital with a closed displaced fracture of his left calcaneus (heel). He also had compartment syndrome of the left foot.
The complaint also lists a closed unstable burst fracture of his L2 lumbar vertebrae with herniated L4-5 discs. He had surgery on the foot and continued treatment for the spine. His wife Robin McPeak claims loss of consortium.
Defendants say the stand was made in 2011 and its manual advised replacing the cables every two years. Plaintiffs dispute that this manual or a warning sticker came with the stand.
The Wisconsin Department of Natural Resources reports from its surveys that one-quarter of Wisconsin bowhunters have had a fall or near fall from an elevated stand [4].
Recall and Regulatory Background
No recall of a Direct Outdoor treestand exists. On December 22, 2021, Big Game Treestands recalled about 1,030 The Captain Hang-on Treestands because cable crimps can slip and release the platform.
The firm received 10 reports of cable releases and two injuries. The remedy is replacement cables or a full refund.
On May 18, 2006, Primal Vantage Company Inc. and Ameristep Inc. recalled about 6,700 Ameristep Patriot and Outfitter hang-on stands. The j-hook on the tree strap can fail [5].
Evidence to Preserve
Keep these items if a treestand failed and someone was hurt. The McPeak ruling shows why, because the cables, the manual revision and the warning stickers were the disputed items:
- The treestand itself, with its cables, straps, platform, seat and any broken parts, kept as they are after the fall
- The manual, warning labels, harness and tether
- The receipt, order record, serial or model markings and photos of the box
- Photographs of the stand, the tree and the site
- Medical records and bills
- Names of anyone who saw the fall
- Messages with the seller or maker
Filing Deadlines
Filing deadlines for an injury claim come from state law and can depend on where you live and when the fall or injury happened.
Some states count from when the harm was discovered. Waiting too long can end a claim whatever the facts show. Speak with a lawyer promptly.
Frequently Asked Questions
Why Is the McPeak Case in Federal Court?
The McPeak case is in federal court because the CourtListener docket lists its cause as 28 U.S.C. 1332, a diversity product-liability case. The McPeaks sued Direct Outdoor Products and Sportsman’s Guide in the Eastern District of Pennsylvania.
What Did the Court Decide in the McPeak Case?
The court in the McPeak case ruled only on a summary-judgment motion and made no finding on fault. Both sides agree the manual required a full-body harness whenever a user leaves the ground, and that the cables were extensively corroded.
What Does the Research Say About Treestand Falls?
Research on treestand falls from Wisconsin DNR surveys shows that less than half of Wisconsin deer hunters use a safety harness every time they climb. It advises a fall-restraint device every time a hunter hunts above the ground, including from a hang-on stand.
What Did Plaintiffs Say About the Cable Corrosion in McPeak?
Plaintiffs in McPeak say the cable corrosion was hidden. Mr. McPeak and his expert, Chuck Powell, say the black polymer sheath obscured it. The cables had seven strands of seven wires each.
References
- https://www.courtlistener.com/docket/16077104/mcpeak-v-direct-outdoor-products-llc/
- https://www.govinfo.gov/content/pkg/USCOURTS-paed-5_19-cv-03719/pdf/USCOURTS-paed-5_19-cv-03719-0.pdf
- https://www.cpsc.gov/Recalls/2022/Big-Game-Treestands-Recalls-2021-The-Captain-Hang-on-Treestands-Due-to-Fall-and-Injury-Hazards
- https://dnr.wisconsin.gov/education/OutdoorSkills/TreestandSafety
- https://www.cpsc.gov/Recalls/2006/hunting-tree-stands-recalled-for-collapse-hazard