Nail guns have become a residential construction site staple. With the rise of do-it-yourselfers over the last decade, automatic nailers are readily available and popularly used in home improvement projects. Nail guns come in a variety of shapes, sizes and designs, but they all make the repetitive job of nailing quicker and easier. Nail guns are regularly used on construction sites and in construction projects. However, there is also more risk of injury or death when using a nail gun instead of a hammer.
Using nail guns, including nail guns designed and manufactured by Hitachi Koki U.S.A., Ltd.; Hitachi Power Tools; Hitachi America, Ltd.; Hitachi Koki, Co., Ltd., and other nail gun manufacturers can cause serious injury or even death. Nail guns need to be designed and used in a safe manner. If they are not, the user and others can suffer injury including being struck with a nail or other debris. Some nail guns, including those made by Hitachi, are designed with a dust shield guard. If this shield is damaged or defective, nails, the copper coil that holds nails and other debris can fly out and injure the user when fired. Safe product design is necessary to prevent this.
Finding the Flaws
Whenever products fail to work properly or are designed without safety features, there is a risk of injury or death. Companies that manufacture and sell products, including nail gun manufacturers, have a duty to ensure their safety and quality before they leave the factory. When they do not, they are liable for any accidents, injuries or deaths as a result of using an unsafe or defective product.
Laws vary by state, but the three main ways a product can be found faulty in New Jersey are through a manufacturing defect, a design defect or by failure to provide adequate warning. Lawsuits and claims have been brought against Hitachi, Stanley-Bostitch, Senco, Duo-Fast, Paslode, Porter Cable and DeWalt (Black & Decker) in various states related to allegedly defective products, including nail guns.
The New Jersey Product Liability Act governs legal claims based on defective products. In order to bring an action against the manufacturer of a defective product, a plaintiff must prove that the product that injured him or her was not “reasonably fit, suitable or safe for its intended purpose.” There are exemptions to seller liability, such as adequate warnings and unavailability of alternatively safer designs, which a claimant would have to overcome to win their case. Product liability lawsuits help to remind companies of their responsibility to protect consumers.
Taming the Tools
There are a number of nail gun manufacturers, for example Stanley-Bostitch, Senco, Hitachi, Duo-Fast, Paslode, Porter Cable and DeWalt (Black & Decker). These companies each design and build their own versions of nail guns, sometimes touting speed and power ahead of safety features. Nail guns can be powered differently, some by electromagnetism and others by gases or explosive charges, but many use compressed air to secure nails within various materials. These nailers, called pneumatic nail guns, are most common.
Most nail gun defect lawsuits occur because of poor design. Manufactures tend to produce contact trip, or rapid fire, nail guns that shoot anytime both the trigger and nose of the gun are pressed down, even though a less automatic design is possible. Sequential nailers, which employ a two-step process before the gun will fire off a nail, require a user to first push down on the nose and then squeeze the trigger. This reduces the likelihood of an accidental blast of nails. Since companies choose the less safe design, many unnecessary accidents occur.
Accidents Can Happen to Anyone
Although there is no readily available data on how many nail gun injuries were reported in the last year, or whether more nail guns harmed consumers versus construction workers, past statistics are telling. According to the Center for Disease Control (CDC), the average number of hospital emergency room patients seeking care for nail gun-related trauma from 2001 to 2005 was approximately 37,000 per year. Around 40 percent of those admitted, which amounts to about 14,800, were consumers, whereas the remaining 60 percent were workers.
Nail guns can injure people whether due to design flaws or defective manufacturing. They may double fire, fully penetrate and rapidly exit a section of wood or operate when accidentally bumped or moved. Nail gun injuries can range from mild to very serious or deadly. Most nail gun accidents result in puncture wounds or nails embedded in the hands or feet. However, if high-speed nails are ejected at close proximity to a person, this could cause serious physical harm to the head, face and chest. These injuries could then spark lasting issues such as paralysis, brain damage, internal hemorrhaging or even death, so it is important to know your rights if you or a family member becomes injured.
Nailing Your Claim
Unfortunately, the faster the nail gun the less safe it is to use. When dangerous tools like nail guns are designed and manufactured for use by the mass population, they should be as safe as the technology allows and protect against potential injuries to both workers and consumers. Tools that make construction work and home improvement projects more efficient are a great convenience, but should not be designed or sold at the cost of safety.
If you or someone in your family has experienced injury or death from the use of or proximity to a defective nail gun, contact a product liability attorney in your area. A lawyer with experience in product liability and knowledge of nail gun defects may help you recover for your pain and suffering, lost wages and medical expenses related to your injuries.
