Oklahoma farmer James C. Clark is about to be awarded $100,000 from the Oklahoma Department of Agriculture for failing a test of his deer-killing device that killed an animal that he mistakenly believed was a deer.
Oklahoma Department spokesman Chris Schlosser said the settlement was made last month.
The test required Clark to shoot a deer with a bow and arrow, with the arrow in the same place, before firing the shot.
He shot the deer with the bow, but when he tried to shoot it again with the bullet in the hole, the arrow shot out.
“It was in the middle of a field,” Clark told the Oklahoman newspaper.
“I didn’t realize that there was a hole in the bow.
I thought it was a tree, and I didn’t know how to shoot the deer.
I tried to kill it again, and the arrow came out, but it was stuck.”
The deer, a 2-year-old black-and-white cross, died after being shot in the head and neck with the dart.
Clark’s claim to the court was that the dart failed to hit the deer’s neck and was therefore a “fatal injury” and therefore “not covered by a manufacturer’s warranty.”
The Oklahoma department agreed, but Clark still wanted to receive the settlement, and he said the money would go to help other farmers who had been injured by their devices.
“There’s been a lot of litigation, and this is an opportunity for all of us,” Clark said.
“We’re going to be able to have an opportunity to make some good-faith payments.”
The federal agency that oversees the federal Animal and Plant Health Inspection Service has since issued a warning to the industry and other manufacturers.
“The animal is likely dead,” said the letter, which is attached to a case that is pending in the US District Court for the District of Columbia.
“A manufacturer’s failure to properly perform a test, or its failure to comply with requirements under the Act may result in the death of an animal.”
The USDA’s Office of the Inspector General has investigated and fined several companies that manufacture and sell devices for killing deer.
The USDA says it is now investigating whether some of the companies are violating the law by failing to keep the information required under the Animal and Animal Product Safety Act, which mandates the testing and testing of devices.
The devices must be designed and installed by the USDA and approved by the Animal & Plant Health Services.
The agency also issued a guidance document that advises manufacturers to install a “safety catch” that can be inserted into the bow that catches the arrow after the test is completed.
The catch must be removed before the arrow is fired, and it must be placed in the animal’s mouth when the device is removed.
The Animal & Animal Product Services has not responded to a request for comment.