LOS ANGELES WIDOW FILES WRONGFUL DEATH SUIT AGAINST NAIL GUN MANUFACTURER IN PRODUCT LIABIILTY CLAIM
While working on a vacation home in Rancho Santa Fe, California, a man was fatally injured when a nail gun accidentally went off after he bumped it. The 2 ½” nail fired into his chest and hit a coronary artery. Despite desperate attempts to remove the nail in the operating room, he died in surgery when his heart stopped beating. The widow of the victim filed a wrongful death lawsuit against the nail gun’s manufacturer, Hitachi Koki USA, for negligently designing a defective tool of dangerous character and condition.
Surprisingly, nail gun injuries are not uncommon, particularly given the amount of construction activity that occurs every year. Approximately 42,000 incidents of nail gun injury each year require emergency room visits, with over half over those visits coming from professional workers. The cost of treating these yearly injuries adds up to around $338 million – 10x the cost of treating jigsaw and band saw injuries. It’s not difficult to understand why these power tools account for so much injury. Powered by compressed air, these guns can shoot nails as far as 490 feet per second. Particularly in states experiencing housing booms, consumers tend to what stronger, faster tools. In addition, in an attempt to save time, many consumers often remove the safety settings to allow them to shoot nails more rapidly.
Over the years, a few consumers have successfully litigated against nail gun manufacturers from injuries caused by these tools. One man, while getting a haircut, was hit in the spine when someone fired a 3” nail through an adjoining wall. After suing the manufacturer and the company responsible for the carpenter, the man collected a $15.35 million settlement. In another case in Connecticut, a man won a $3.4 million jury verdict when a nail ricocheted off metal and hit him in the head, causing him to suffer brain injuries and paralysis.
The dangerous nature of these power tools has led many researchers and activists to call for federal regulation. Even in the face of lawsuits, manufacturers continue to sell these dangerous tools with little or no consumer education because the demand is so high. However, attempts to produce safety legislation have been met with resistance by powerful industry groups.
If you or a loved one has been injured in a construction accident in California, it is important to seek the held of an experienced personal injury lawyer. Particularly in cases of product liability, you might be able to recover damages for your injuries, lost wages and earning potential. The attorneys at the Law Offices of Greenberg & Rudman LLP are here to help you. Call now at 1-800-ALAWPRO (1-800-252-9776) for a free consultation.
