Some Valuable Information about Nail Gun Accidents
Nail guns are extremely valuable tools to both the construction industry and regular consumers. Unfortunately, the Center for Disease Control and Prevention (CDC) reports that nail gun accidents account for approximately 37,000 emergency room visits each year. Of those injured, nearly seventy percent were injured in the course of their employment. The balance of the people were consumers using the nail guns for non-business related tasks.
It’s not difficult to imagine how a nail gun accident might occur. For those who are injured while at work, it is important to file a workers’ compensation claim. You can find answers to many of your questions concerning workers’ compensation procedures here.
What if there was a problem with the nail gun? Whether you were injured in the course of your employment or not, you may have another type of claim. This is known as a products liability action and may be pursued if there is evidence that the nail gun caused the dangerous condition resulting in injuries.
Nail Gun Accidents May Be Products Liability Cases
In order to pursue a nail gun case, an experienced products liability attorney may consider several factors. It is important to secure the actual nail gun for the investigation. This will help determine the serial number and nail gun manufacturer. Some of the most well-known nail gun manufacturers include: Bosch, Bostitch, Hilti, Hitachi, and Senco. In addition, answers will be sought to these sample questions:
- Who distributed or supplied the nail gun?
- Who owned and maintained the nail gun?
- Were there warnings signs on the tool regarding its use?
- What about repairs to the equipment? Were they done correctly?
- Was the nail gun used in accordance with the manufacturer’s specifications?
- Did the nail gun malfunction?
- Was there potentially a design defect that subjected the victim to injury?
- Were there product recalls on the nail gun?
- Was the injured party wearing safety equipment?
- Did the nail gun create a dangerous condition?
- Were there changes made to the nail gun subsequent to its manufacture or distribution?
- Did the injured victim receive adequate training to use the nail gun?
These are basic inquiries that will be investigated prior to the decision to pursue a claim regarding a nail gun. This type of case requires the retention of an engineering expert to determine if there a cause of action regarding the nail gun.
Can nail gun accidents be avoided? The Occupational Safety and Health Administration offers a comprehensive guide regarding the safe use of nail guns. They discuss the common reasons for nail gun injuries, which range from minor puncture wounds to brain injuries to fatal accidents.
Nail gun accidents can happen even when the user has adequate training and has used the tool in accordance with safety requirements. Some common nail gun accidents have occurred as a result of the following:
- Issues with the nail gun trigger
- Nail discharge that was not anticipated or intended
- Equipment jamming
- Nail penetration through a thin piece of wood or construction material
- Positioning of nail gun
- Recoiling issues
An accident with a nail gun can result in serious personal injury or death. At Munley Law Personal Injury Attorneys, we have the experience and resources to investigate product liability claims. We also handle workers’ compensation cases. Contact us to see how we can assist you.
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