Table of contents
- Latest Nail Gun Injury Lawsuit Updates
- January 16, 2026: CVN Reports Defense Verdict in Montiel Case
- November 3, 2023: Carpenter Files Federal Complaint
- November 10, 2021: CPSC Announces Hart Brad Nailer Recall
- March 11, 2010: CPSC Announces Hitachi Coil Nailer Recall
- What Are Nail Guns?
- Who May Be Affected?
- Reported Injuries or Damages
- Recall and Regulatory Background
- Evidence to Preserve
- Filing Deadlines
- Potential Compensation
- Frequently Asked Questions
- What Happens If You Get Hit by a Nail Gun?
- What Did Hitachi Argue in the Montiel Nail Gun Injury Trial?
- What Does the Research Say About Nail Gun Injury to the Hand?
- What Does the CDC Recommend for Nail Gun Safety?
- Are Nail Gun Injuries Tied to Certain Triggers?
- What Damages Does the Kahae Nail Gun Injury Lawsuit Seek?
Nail gun injuries have led to individual product-liability lawsuits against nailer makers. Plaintiffs allege that Hitachi NR83A nailers fired a nail into a carpenter’s skull base and into a worker’s brain. The Montiel claim centers on trigger design.
A California jury returned a defense verdict for Hitachi in January 2026, and the plaintiff’s counsel said he will appeal. Carpenter Timothy Kahae filed a federal complaint on November 3, 2023.
No MDL or class action has been formed. The CDC counts about 37,000 nail gun emergency room visits each year.
Latest Nail Gun Injury Lawsuit Updates
January 16, 2026: CVN Reports Defense Verdict in Montiel Case
Courtroom View Network reported a defense verdict for Hitachi from a San Bernardino County Superior Court jury in Montiel v. Koki Holdings America Ltd., a nail gun design-defect case [1].
Justino Montiel had sought up to $45.2 million in compensatory damages. His counsel said he will appeal the verdict.
November 3, 2023: Carpenter Files Federal Complaint
Carpenter Timothy Kahae filed a federal complaint against Hitachi Koki U.S.A. and Koki Holdings Co., as McClatchy News reported in the Sacramento Bee [2].
He alleges negligence after a Hitachi NR83A nailer misfired two nails on November 15, 2021. These are allegations, not findings.
November 10, 2021: CPSC Announces Hart Brad Nailer Recall
CPSC announced the Hart brad nailer recall, covering about 15,700 Hart 18-gauge 2-inch units sold at Walmart [3].
The contact sensor can malfunction and discharge a nail involuntarily. The nailers were sold from April 2021 through September 2021, and owners receive a refund. No incidents were reported.
March 11, 2010: CPSC Announces Hitachi Coil Nailer Recall
The Hitachi coil nailer recall covered about 50,000 NV83A2 units in the United States and about 15,000 in Canada [4].
A faulty feeder can eject nails sideways, and the remedy is a free repair. The firm received 37 reports of this, including 15 injuries, five of them partial blindness.
What Are Nail Guns?
According to the CDC, “Nail guns are commonly used in wood frame construction. They are powerful, easy to operate and boost productivity for nailing tasks” [5].
The CDC adds that “Nail guns are a leading cause of injury among residential carpenters,” the group that includes plaintiff Timothy Kahae, a carpenter, and Justino Montiel, a construction worker.
Who May Be Affected?
Residential and framing carpenters and other construction workers who use pneumatic nailers are most exposed. The CDC says 60% of nail gun emergency room visits are work-related. Most are puncture wounds to the hands and fingers.
According to the CDC, a contact trigger, also called a bump trigger, can fire a nail by accident. The CPSC injury memo counts operators, helpers and bystanders among the victims [6].
People who own a recalled Hitachi NV83A2 coil nailer or Hart 18-gauge brad nailer may also be affected. Whether you have a claim depends on your own facts, which a legal review can assess.
Reported Injuries or Damages
Kahae alleges a nail went through his tongue into his skull base. He cites emergency surgery, numbness, a stutter and scarring. Montiel alleged a nail hit his brain in 2019 and caused severe neurological injury.
A 2025 Cureus systematic review by Chintapalli covered 185 nail gun injuries to the hand [7]. It counted one major vascular injury, 23 nerve injuries, 46 tendon injuries and 36 bone injuries.
The review warns of a high risk of selection and reporting bias, because only case reports and case series exist on these injuries.
The CPSC memo found that over 80 percent of emergency room nail gun injuries from August 2000 to July 2001 were puncture wounds. About 65 percent were to the hand or finger.
Recall and Regulatory Background
The recalled Hitachi NV83A2 coil nailers were made from October 2002 through September 2005. They sold from November 2002 through March 2006 for $350 to $400. Owners can call Hitachi Koki U.S.A., Ltd. at (800) 706-7337.
The Hart models are HPNR01, HPNR01B, HPNR01B-SK and HPNR01BNCA, sold for $130 to $160. Owners can call Hart Consumer Products at 800-776-5191.
The Kahae complaint says a June 2014 recall covered more than 25,000 Hitachi Koki nailers that could jam. A recall does not prove liability.
Evidence to Preserve
Keep any records that show what tool was used, how the injury happened and what treatment followed:
- The nail gun, its model and serial number, and the nails or cartridge that were used with it.
- Purchase or rental records, such as receipts, order confirmations and rental agreements for the tool.
- Photographs of the tool, the scene and the injury, taken as soon as it is safe to do so.
- Medical and surgical records and bills that show the treatment you received for the injury.
- Employer, training and incident records, including any report you made at work after the injury.
- Your workers’ compensation file, if the injury happened while you were on the job.
- Names and contact details of witnesses and co-workers who saw what happened.
Filing Deadlines
Filing deadlines come from state law, so the time limit for a nail gun injury claim depends on where the injured person lives.
The date of the injury also matters. Missing the deadline can end a nail gun claim, however strong the facts. A lawyer can check the deadline that applies, so it helps to act promptly.
Potential Compensation
If a claim succeeds, damages can include medical expenses, lost wages and earning capacity, pain and suffering, scarring or disfigurement, and loss of function.
Compensation amounts vary by case. Past results do not guarantee future outcomes. Potential compensation also depends on the medical records and the proof of fault.
Frequently Asked Questions
What Happens If You Get Hit by a Nail Gun?
If you get hit by a nail gun, the CDC says to seek medical attention immediately, including for hand injuries that appear to be minimal. The Cureus review found that most upper limb injuries look uncomplicated, but 8% of cases had lasting sensory deficits.
What Did Hitachi Argue in the Montiel Nail Gun Injury Trial?
Hitachi argued in the Montiel nail gun injury trial that Montiel never ensured proper training or reviewed the manual. It said he stood on an unsecured joist. It also argued that a contact-trigger nailer is no less safe than a sequential one.
What Does the Research Say About Nail Gun Injury to the Hand?
The research says nail gun injury to the hand can leave lasting problems. At follow-up, the Cureus review recorded two cases of motor dysfunction, 23 of chronic pain or paresthesia and 11 of reduced range of motion.
What Does the CDC Recommend for Nail Gun Safety?
The CDC recommends full sequential trigger nail guns, training, work procedures and protective equipment. It also urges workers to report injuries and close calls. It says a single shot or full sequential trigger reduces the risk of injury.
Are Nail Gun Injuries Tied to Certain Triggers?
Nail gun injuries involved touch-trip triggers in about 72 percent of non-occupational and about 66 percent of occupational cases, per the CPSC memo. The memo also associated five deaths with consumer-used nail guns during the 11-year period it reviewed.
What Damages Does the Kahae Nail Gun Injury Lawsuit Seek?
The Kahae nail gun injury lawsuit seeks unspecified damages. According to the complaint, Kahae has more than $400,000 in medical bills and $30,000 in lost wages. These figures are allegations that the court has not tested.