Nail Gun Accident LawyersLast updated on: July 12, 2020
CALL (800) 863-5312 TO SPEAK WITH A NAIL GUN ACCIDENT LAWYER FOR FREE
Since humans have been building structures, they have been looking for and developing tools and techniques to make the process quicker and more efficient. One major development that has greatly increased building capacity is the introduction of power tools, and one prominent example of such a tool is the nail gun. Nail guns take the place of hammers and project nails at high speeds into whatever surface happens to be the nail gun’s target. When all goes according to plan, nail guns save construction workers massive amounts of time and energy and help improve overall efficiency. However, when a nail gun causes an injury as a result of negligence or faulty equipment, the results can be devastating.
If you or a loved one has suffered an injury from a nail gun accident, call Zinda Law Group at (800) 863-5312 to speak with nail gun accident attorneys for free.
NAIL GUN ACCIDENT STATISTICS
Certain types of nail guns or job sites might be more likely to lead to an accident, but all nail guns have the capacity to lead to injury. In fact, according to the CDC, nail guns are “responsible for an estimated 37,000 emergency room visits per year.” Of these injuries, around 68% of them are sustained by construction workers while the rest are sustained by consumers. Nail guns and the injuries that they can cause have been such an issue that federal agencies have taken steps to try to prevent them—the National Institute of Occupational Safety and Health and the Occupational Safety and Health Administration worked together to create “Nail Gun Safety: A Guide for Contractors,” and “Straight Talk About Nail Gun Safety.”
MOST COMMON NAIL GUN INJURIES
With the power that nail guns possess to drive nails deep into building materials, it is no surprise to learn that they can also cause significant injuries to the people working with them and to others in the surrounding area. As one might imagine, over half of the injuries that come from nail guns are puncture wounds to the hands or fingers of the person working with it. These injuries can cause significant damage to skin, bones, and nerves, and can sometimes result in a loss of use of these extremities.
Nail guns can also lead to other serious injuries. Depending on the sort of nail gun, they can be inadvertently triggered while pointing at a person. It is also possible for a user to miss their target. In these circumstances, common injuries can be nail gun injuries to legs, nail gun injuries to arms, and even nail gun injuries to head, which can obviously lead to severe consequences.
COMMON CAUSES OF NAIL GUN INJURIES
One main cause of nail gun injury depends on the type of nail gun in question. Certain nail guns use a trigger, while others use a contract-trip. Contract-trip guns eject a nail when the nose of the unit is depressed, which means that they are more susceptible to firing when bumped into or inadvertently contacted. Nail guns are also prone to “double firing,” especially when the operator is inexperienced.
Aside from issues with the gun itself, there are other circumstances that can lead to injury. For one, if not measured correctly, a nail can actually be shot completely through a piece of material and into an unfortunate victim on the other side. It is also possible for a nail gun operator to simply miss their target and cause injuries in this way.
WHAT TO DO AFTER A NAIL GUN ACCIDENT
Your next steps after being injured in a nail gun accident will depend on your specific circumstances, but generally speaking, the following will apply.
1. Seek Medical Attention
First and foremost, seek medical attention for your injuries. Nail gun injuries may require stitches or even more serious medical attention, and this should be done quickly. In addition, nail gun injuries can become infected if left untreated for too long.
2. Notify Your Employer
This step will only apply if you were working when your injury occurred. If this is the case, notify your employer of the accident as soon as possible. Describe the accident and explain why and how it occurred.
3. Document the Accident
While the details are still fresh in your mind, write down all that you can remember about your accident. Include the moments leading up to the accident, the moments after, and any other details that you can think of. In addition, take pictures of the gun and the site where the accident took place.
4. Speak to an Attorney
In navigating a nail gun injury claim, there are many missteps that you might make if you go it alone. Speaking to an experienced personal injury attorney may help you avoid these missteps while also giving you an advocate in your fight for maximum compensation.
WHO MAY BE HELD LIABLE FOR NAIL GUN INJURIES?
In a nail gun case, there are several parties who could be liable.
Nail Gun Manufacturer
If you can prove that the nail gun that caused your injury had a defect or was otherwise improperly manufactured, then it is possible that the nail gun manufacturer could be held liable. In addition, the manufacturer could be held liable if they did not adequately label the gun to inform users of possible danger.
Learn More: Product Liability
For accidents that occur on the jobsite, the employer can often be held liable. Supervisors generally need to ensure that their construction sites are operating safely by providing sufficient training and keeping an eye on things. If they fail to meet their duty, then they could be held liable for your injuries.
Learn More: Workplace Injuries
Nail Gun User
If you were injured by someone else’s nail gun use, whether you were in someone’s home or at a business that was undergoing construction, a nail gun user who was not exercising proper caution could be held liable for your injuries.
FILING A CLAIM FOR A NAIL GUN ACCIDENT
No two claims for nail gun compensation will ever be the same, but generally, the following steps will apply.
1. Speak to an Attorney
A nail gun accident attorney may be able to help you by giving you a good idea of what a fair value for your claim might be, and then utilizing their knowledge of the law to help you in your fight for fair compensation.
Learn More: Why Hiring an Attorney May Help Your Case
2. Gathering Information
After you have hired an attorney, they might be able to get started on gathering all the relevant evidence and information that your case will require. This information may include taking statements from witnesses, researching the specifications of your nail gun, and looking into any applicable laws or cases in your area.
3. Negotiate a Settlement
After your attorney has a handle on the important information in your case, they may be able to begin engaging in settlement negotiations with the other parties involved. This step is extremely important given that most cases will settle before they ever reach a courtroom.
NAIL GUN INJURY COMPENSATION
Generally, you may be eligible to seek compensation in the form of two types of damages—economic and non-economic. Economic damages include expenses like medical bills, damage to any property that you may own, and lost wages from being unable to work. Non-economic damages include the pain and suffering from your injuries, which can take the form of physical as well as mental or emotional suffering.
Workers’ compensation applies when workers are injured on the job. However, there are often limitations when it comes to medical care and loss of wages under these statutes, and your damages might be more then workers’ compensation will cover. Speaking with an attorney soon after your accident might give you a better idea of what damages you may be entitled to.
Learn More: How to Calculate the Value of Case
CALL ZINDA LAW GROUP TO SPEAK WITH NAIL GUN ACCIDENT LAWYERS FOR FREE
Nail gun injuries can be devastating for not only the victim, but their families as well. Zinda Law Group believes that injury victims shouldn’t have to worry about being able to afford legal representation, which is why we use a no-win, no-fee guarantee—you don’t pay us anything unless we win your case.
Meetings with attorneys by appointment only.