Nail Gun Lawsuit | 2025 Latest Updates

Nail Gun Lawsuit Overview

Nail guns have largely replaced hammers in construction due to their efficiency but can be extremely dangerous when defective or improperly used. Injuries from nail guns tripled between 1991 and 2005, with the CDC reporting an average of 37,000 Americans visited emergency rooms annually from 2001 to 2005 due to these injuries. Multiple manufacturers have issued recalls for defective nail guns that pose serious injury risks to various body parts, including the eyes, hands, and head.

Latest Nail Gun Lawsuit Updates

November 8, 2023

– A California carpenter has filed a lawsuit against Metabo HPT, alleging a defective nail gun fired unexpectedly and caused traumatic injury when a nail pierced the base of his skull [1].

March 11, 2010 – The Consumer Products Safety Commission (CPSC) issued a recall for approximately 50,000 coil nailers manufactured by Hitachi Koki U.S.A. The affected devices had a faulty feeder that allowed nails to be ejected sideways, posing a serious injury risk. The CPSC received 37 reports of sideways nail ejections, including 15 injury reports primarily to the eye region, with 5 cases resulting in partial blindness. [2]

CDC Reports and Statistics

According to the Centers for Disease Control and Prevention (CDC), nail guns are a leading cause of injury among construction workers and were responsible for an average of approximately 37,000 emergency room visits annually from 2001 to 2005. Studies show that nail gun injuries tripled between 1991 and 2005, with a study indicating that 98% of nail gun injuries at residential job sites were puncture wounds. Approximately 60% of those injured are professional construction workers [3].

All nail guns have the potential to cause serious injury. Using a nail gun with a bump or automatic trigger (also known as a contact trip trigger) can result in unintended nail discharge – CDC.gov said

Nail Gun Injuries & Side Effects

Nail gun accidents often involve serious injuries that can have lifelong impacts on workers or bystanders.

• Puncture wounds: Nails account for more than 90% of puncture wound cases. These injuries carry the risk of severe infection, depending on the depth of the wound and the cleanliness of the nail when it enters.
• Eye injuries: There are an estimated 1,000 eye injuries each day in U.S. workplaces. According to OSHA, these injuries equal $300 million per year in lost production time, medical expenses, and worker’s compensation.
• Brain damage: Loose nails often strike the head or face resulting in brain damage. Workers who suffer these nail-related brain injuries may experience memory loss and serious cognitive deficits from which they may never recover.

Do You Qualify for a Nail Gun Lawsuit?

You may qualify for a nail gun lawsuit if:

• You were injured while using or being near a nail gun
• Your injury required medical treatment or hospitalization
• The injury was caused by a defective nail gun or someone else’s negligence
• You can provide medical documentation linking your injuries to the nail gun incident

Nail gun injury lawsuits typically fall into 1 of 2 categories: either you were shot by someone else, or a manufacturer’s defect caused you to be injured while using a nail gun. If you decide to file a personal injury complaint, your case will most likely be based on the concept of “negligence,” or the failure to do something with proper care.

Evidence Required for a Nail Gun Lawsuit

Evidence needed to support a nail gun injury lawsuit includes:

• Medical records documenting your injuries
• The defective nail gun (if claiming product defect)
• Photographs of your injuries
• Witness statements
• Expert testimony about the defect or circumstances of the injury

Damages You Can Recover

In a successful nail gun injury lawsuit, you may be able to recover compensation for:

• Medical expenses (both current and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Permanent disability or disfigurement
• Punitive damages (in cases of gross negligence)

Nail Gun Recall Information

Statute of Limitations for Nail Gun Lawsuits

The time limit to file a nail gun injury lawsuit varies by state but typically ranges from 1-3 years from the date of injury. It’s crucial to consult with an attorney as soon as possible after your injury to ensure your legal rights are protected and deadlines are met.

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See all personal injury torts our attorneys have taken on.

FAQs

1. Can I file a lawsuit if my nail gun injury occurred on a construction site?

Yes, if your nail gun injury occurred on a construction site, you may be able to file a lawsuit against the manufacturer if the tool was defective, or against other responsible parties if negligence was involved.

2. What kind of evidence is needed to support a nail gun injury lawsuit?

Evidence needed to support a nail gun injury lawsuit includes medical records, the defective nail gun, photographs of the injury, witness statements, and expert testimony about the defect or the circumstances of the injury.

3. Are there specific safety standards that nail guns must meet?

Yes, nail guns must meet certain safety standards, such as those set by the Occupational Safety and Health Administration (OSHA) and other regulatory bodies. Failure to meet these standards could be grounds for a lawsuit.

4. What are the long-term consequences of a nail gun injury?

Long-term consequences of a nail gun injury may include chronic pain, permanent disability, loss of function in the affected area, and psychological trauma. These long-term effects can be considered in a lawsuit for compensation.

5. Can I sue for a nail gun injury if I wasn’t following proper safety protocols?

While not following proper safety protocols may impact your case, you may still have a claim if the nail gun was defective. Your compensation might be reduced based on comparative negligence laws in your state.

6. How long do nail gun injury lawsuits typically take to resolve?

The timeline for resolving nail gun injury lawsuits varies greatly depending on case complexity, severity of injuries, and whether the case settles or goes to trial. Most cases settle within 1-2 years, though some may take longer.

7. What types of nail gun defects commonly lead to lawsuits?

Common nail gun defects include malfunctioning trigger mechanisms, defective safety features, faulty feeders causing sideways nail ejection, and double-firing issues where the gun discharges multiple nails unexpectedly.

8. Can I file a lawsuit if I was injured by someone else using a nail gun?

Yes, if someone else’s negligence or improper use of a nail gun caused your injury, you may have grounds to file a personal injury lawsuit against that person or their employer.

9. What is the average settlement amount for nail gun injury cases?

Settlement amounts vary widely based on injury severity, medical expenses, lost wages, and other factors. Cases involving permanent disability or disfigurement typically result in higher settlements than those with temporary injuries.

10. Does workers’ compensation cover nail gun injuries on the job?

Yes, workers’ compensation typically covers nail gun injuries that occur on the job. However, if your injury was caused by a defective nail gun, you may also have a product liability claim against the manufacturer, which could provide additional compensation beyond workers’ comp benefits.

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action for nail gun injuries. Most states have statutes of limitations that restrict the time you have to file a lawsuit, typically only 1-3 years from the date of injury.

Our law firm offers:

• Free, confidential consultations to evaluate your case
• No upfront costs or fees
• Payment only if we win your case

Get a Free Nail Gun Accident Lawsuit Evaluation With our Lawyers

The Personal Injury & Product Liability Litigation Group at our law firm Schmidt & Clark, LLP is an experienced team of trial lawyers that focus exclusively on the representation of plaintiffs in nail gun injury accident lawsuits. We are handling individual litigation nationwide and currently accepting new cases in all 50 states.

Free Confidential Case Evaluation: Again, if you or a loved one has been injured in a nail gun accident, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.

References:

[1] https://www.sacbee.com/news/california/article281585958.html 

[2] https://www.cdc.gov/niosh/construction/nail-gun-safety/?CDC_AAref_Val=https://www.cdc.gov/niosh/topics/nailgun/default.html