Like every product offered for sale, both the manufacturer and product distributor have some legal considerations. In fact, that’s where the term “products liability” originates. Basically, it’s the idea that faulty products should not be offered for sale.
So, what can go wrong with a nail gun to make it defective? Perhaps, you’ve already had a nail gun accident and have your own experiences to share. Let us know if they are different than any we mention here.
Examples of Nail Gun Accidents
According to the Center for Disease Control and Prevention (CDC), more than 37,000 emergency room visits across the country are due to nail gun accidents. A huge majority of those injured were in the course of their employment when they were hurt. Notwithstanding, 32% of those involved in nail gun accidents were consumers.
For those not using the nail gun in the course of their employment, it could be that they picked up the tool for a home project. After all, many manufacturers offer their products for sale in such big box stores as Home Depot and Lowes.
Obviously, there is always the prospect that someone was hurt when they didn’t follow safety instructions. For purposes of this discussion, our focus is on defective nail guns. Here are some examples of how a nail gun accident may be a products liability case:
- In this case, claimant triggered a Senco SN325 with the intent of firing one nail. Instead, a second nail was inexplicably discharged. The second nail hit the first, and caused it to recoil, causing serious injuries. A third nail somehow fired and penetrated the claimant’s brain.
- According to this news article, a construction worker became partially blind when the nail gun he was using misfired. Unfortunately, his employer had not insisted on the use of safety goggles that might have prevented the severity of the injuries.
- A few years ago, the United States Consumer Product Safety Commission reported that Hitachi Koki had recalled some of its pneumatic nailers. According to the recall notice, the tools could jam and override the safety switch that permitted only one nail to fire at a time.
These are just some examples of nail gun accidents. Regrettably, nail guns do not just put the individual using the tool at risk. Co-workers and bystanders have been injured because of defective nail guns.
Contact Us
Were you injured while using a nail gun? Whether you were in the course of your employment or not, it is important to determine if the product was defective. At the Law Offices of Anthony Carbone, we can help investigate your claim. Contact us to schedule an appointment.