Nail Gun Litigation - What's the Verdict on careless or inexperienced use?

Megan Roth

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     As highlighted by our previous posts, nail gun injuries are becoming increasingly common, both at home and at the workplace.  In fact, such injuries more than tripled between 1991 and 2005; as nail gun injuries become increasingly more common, so do the number of lawsuits dealing with them.  In situations where an injury (or worse – death) results from a nail gun mishap, who’s to blame: the operator or the manufacturer? Have you read the manual? In writing about nail gun safety Brooks Schuelke, of Austin, Texas and a member of InjuryBoard points out an often overlooked aspect of who is to blame. See Brooks Schuelke profile on InjuryBoard.com. I'm also aware of Dave Mittleman and Devon Glass from Lansing, Michigan has a post on nail guns and how dangerous and deadly they can be, if in the hands or an inexperienced or careless user.

    This question has been presented in courtrooms across the country; though many juries have awarded millions to plaintiffs after being convinced that manufacturers are responsible for negligently marketing an unreasonably dangerous device, others have found manufacturers are not responsible for injuries stemming from increasing misuse of the product or contributory negligence on part of the consumer.

    As with any legal issue, the circumstances surrounding the case are evaluated in-depth.  First and foremost, what type of nail gun was involved and how was the gun configured (there are different kinds of nail guns, some of which are set to go off on contact while others require that a trigger be pulled).  Next, were you in control of the device when it went off or were you injured at the hand of another worker?  Was the injury the result of a faulty device or did you demonstrate poor judgment (i.e. a lack of common sense in using it)?  Did the device come equipped with a safety manual offering instructions and precautionary measures when using the device?  And did you take adequate safety precautions before using the tool?

    Many professionals who study or deal with injuries resulting from nail guns feel the statistics could be drastically decreased by limiting the guns to a one-at-a-time sequential firing system.  And many point fingers at manufacturers for continuing to market nail guns with various modes, despite knowing that sequential guns are a much safer alternative.  They claim such actions demonstrate clear negligence on part of the manufacturer and are a clear violation of the product liability law.