April 6th, 2012

Common Claims Made in Nail Gun Accident Lawsuits

Common Claims Made in Nail Gun Accident Lawsuits

According to the Centers for Disease Control, there were nearly 30,000 nail gun accident emergency room visits in the U.S in 2005. Of those visits, roughly 1500 required hospitalization.

Several types of claims may be made in nail gun accident lawsuits:

1.  Failure to provide or use the full sequential trigger

In general, the full sequential trigger is the safest trigger mechanism and reduces the risk of unintentional discharge or double fire, especially for work where the lumber needs to be held in place by hand.  However, this type of trigger tends to be slow and is not widely used due to concerns of productivity loss.

2.    Inadequate training and/or failure to establish nail gun work procedures

In some cases, contractors fail to provide adequate training to employees, especially younger or inexperienced workers. Nail gun training should cover topics such as:

  • how to use nail guns,
  • triggers,
  • causes of injury,
  • manufacturer instructions/guides,
  • hands-on training,
  • air compressor,
  • positioning,
  • nail guns on heights, such as ladders,
  • checking proper operation prior to use,
  • recoil issues, and
  • jams.

3.    Failure to provide proper safety equipment

In many instances, contractors either fail to provide or will prohibit use of proper safety gear such as:

  • safety shoes,
  • hard hats,
  • high impact eye glasses or goggles, and
  • ear muffs.

4.    Product liability claims

Dangerous product claims may be made against the manufacturer or distributor for defective design, defective manufacture or failure to provide adequate warnings.

Nail gun accidents can cause significant injuries, such as:

  • brain or skull injuries,
  • broken or fractured bones,
  • amputation or loss of use,
  • nerve damage,
  • burns, or
  • hearing loss

Related Article: How to Hire the Best Workplace Accident Lawyer for Your PA or NJ Injury Case

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