Nail Gun Injury Lawsuit | Get the Right Lawyer

Nail guns are powerful tools used in residential and commercial construction. These tools dramatically increase the ease and speed with which a worker can insert a nail into a target, but they also may be dangerous if they are defective or improperly used.

Free Confidential Lawsuit Evaluation: 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.

Update: Hart Nail Guns Recalled Over Injury Hazard

According to the US Consumer Product Safety Commission, Hart Consumer Products Inc. is recalling nearly 16,000 Hart 18-Gauge 2” Brad Nailers sold exclusively at Walmart over concerns that the contact sensor on the nailer can malfunction and involuntarily discharge a nail, posing a risk of serious injury to the user or bystanders. [1]

The recall affects Hart 18-Gauge 2” Brad Nailers with model numbers HPNR01, HPNR01B, HPNR01B-SK, or HPNR01BNCA. If you purchased a recalled nail gun, you should stop using it immediately and return it to any Walmart USA store for a full refund.

This recall began on November 10, 2021.

What’s the problem?

Nail guns have nearly replaced hammers as the tool of choice at construction sites because they can drive nails deeply into wood, stone, or steel with a fraction of the time and effort expended with a traditional hammer. A high-velocity nail gun can drive a nail four inches into concrete, at a velocity of more than 1,000 feet per second. But these same qualities make nail guns extremely dangerous when they misfire into the human body.

As nail guns become more popular, injuries are on the rise – nail gun injuries tripled between 1991 and 2005, and another study showed that 97% of all puncture wounds at residential job sites were nail gun wounds. The Centers for Disease Control and Prevention (CDC) reports that nail gun injuries send 37,000 Americans to emergency rooms each year – only 60% of these are professional construction workers.

Hitachi Coil Nailers Recalled Over Serious Injury Risk

According to the CPSC, on March 11, 2010, the Consumer Products Safety Commission (CPSC) [2] issued a recall for about 50,000 coil nailers made by Hitachi Koki U.S.A., after it was found that the devices may have a faulty feeder that can allow nails to be ejected sideways, which poses a serious injury risk to the user or bystanders.

CPSC has received at least 37 reports of nails being ejected sideways, including 15 reports of injuries. The injuries were primarily located in the eye region, with 5 cases of partial blindness.

The affected model number is NV83A2, which can be found on the body of the coil nailer. Only units manufactured between Oct. 2002 and Sept. 2005 are included in the recall.

Types of Nail Gun Injuries

Nail gun accidents often involve serious injuries and exact a lifelong toll on the injured worker or bystander. Some of the more common injuries from nail gun accidents include:

• 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. Many of these injuries are serious. 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 be confronted with confusing lifestyle changes. The physical damage may be small, but simple tasks can become difficult or even impossible. The person may experience memory loss and more serious deficits from which they may never recover.

The recall involves about 50,000 units in the United States and 15,000 in Canada.

Hitachi Koki has received 37 reports of the coil nailers ejecting nails sideways, with 15 injury reports, mainly to the eyes, including five cases of partial blindness.

The affected model is NV83A2, manufactured between October 2002 and September 2005. Consumers are advised to stop using the nailers and contact Hitachi Koki for a free repair

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Nail Gun Accident Statistics

According to the Centers for Disease Control and Prevention (CDC) [3], nail guns are a leading cause of injury among construction workers, and are responsible for approximately 37,000 emergency room visits annually.

Puncture wounds to the hands and fingers are most common, but more severe injuries and deaths have occurred in people who use and work around nail guns. Leading causes of injury include lack of training, working too fast, and keeping the trigger squeezed when not nailing.

Can I Sue for a Nail Gun Injury?

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.

Like any other professional, construction workers are held to a specific code of conduct. In exchange for pay, they’re expected to show up to the job site on time, perform quality work, and use their tools safely.

When they fail to do so, they can be held accountable. In short, if you believe another worker was using their nailer improperly and caused your injury in the process, you may have grounds to file a personal injury lawsuit.

If, on the other hand, you were injured while using a defective nail gun, you may be able to hold the manufacturer accountable. In recent years, multiple companies have recalled tens of thousands of faulty nail guns after the devices jammed, double-fired or overrode their safety mechanisms.

If you believe that your injury was caused by a defective nail gun, you may be able to pursue compensation for your injuries.

See all personal injury torts our attorneys have taken on.

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

FAQs

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.

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.

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.

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.

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.

Reference:

1. https://www.cpsc.gov/Recalls/2022/Hart-Consumer-Products-Recalls-Nailers-Due-to-Injury-Hazard-Sold-Exclusively-at-Walmart
2. https://www.cpsc.gov/Recalls/2010/coil-nailers-recalled-by-hitachi-koki-due-to-serious-injury-hazard
3. https://www.cdc.gov/niosh/topics/nailgun/default.html