Lawsuits involving nail gun injuries generally fall into one of two categories: either a coworker, or someone else on a worksite, shot you with a nailer, or a manufacturer’s defect caused your injury. But for many victims, those bare facts aren’t enough to build a successful personal injury lawsuit.
In this guide, the personal injury lawyers at Banville Law will cover the basic elements of a viable lawsuit. We hope it will give you a sense of whether your own situation would make an acceptable case. If you’re still not sure after reading through, give our attorneys a call for a free consultation.
Nail Gun Injuries & Negligence
If you file a personal injury lawsuit, your case will most likely be based on the concept of “negligence.” So what does that mean?
What Is Negligence?
Simply put, negligence is the failure to do something with proper care.
Here’s an extreme example: if a surgeon enters the operating room drunk, they’re obviously not being careful enough. How could they reasonably expect to operate on a patient with their senses impaired and faculties distorted? If they injure their patient, they have been negligent in their duties.
Negligence is a simple legal concept that embodies much of what we consider ethical behavior. As members of society, we all owe each other certain things. Respect, unless it’s proven unwarranted, and fair treatment are two widely agreed upon responsibilities that come easily to mind. But above all else, we owe each other a measure of safety.
This duty, a duty to do no harm, is particularly important within professional relationships. We rely on our doctors to employ all the knowledge and experience at their disposal, in the service of our health. And by labeling themselves as medical professionals, doctors second our assumptions about them publicly. It’s like we’ve signed an implicit contract together. And when doctors break this “contract,” harming us in the process, we have the right to hold them accountable.
Can I Sue Another Worker For My Nail Gun Injury?
The same thing goes for construction workers. As building professionals, contractors and sub-contractors are held to a specific code of conduct. In exchange for pay, they’re expected to show up to the jobsite on time, perform quality work, and use their tools, which are often inherently dangerous, in as safe a manner as possible. When they fail to do so, they can be held accountable. If they show up late too many times, they can be fired.
And when they use their tools improperly, and others are injured, they can be sued. While state workers compensation programs prevent you from suing your employer for negligence, they do nothing to impede you from suing someone else on the construction site.
In short, if you believe that another worker was using their nailer improperly, and caused your injury in the process, you may have a case. Not sure? Call Banville Law’s experienced nail gun injury team for a free consultation. After reviewing your situation, we’ll let you know if we can help.
Can I Sue A Nail Gun Manufacturer For My Injuries?
At the top, we mentioned another common cause of nail gun injuries: defective products.
Over the last few years, multiple large companies have recalled tens of thousands of faulty nailers. These products jammed, causing dangerous double fire, or overrode their own safeties. One even fired nails sideways. After receiving injury reports, the companies issued recalls, pulling their products from the shelves and out of consumer’s hands. To find a list of the latest nail gun recalls, visit this page.
But the damage had already been done, and recalling a defective product does not automatically release a manufacturer from responsibility. Understandably, the injured victims are now seeking justice.
If you believe that your injury was caused by a defective nail gun, you may have a viable case. We suggest contacting an experienced personal injury lawyer for more information.
Contact A Nail Gun Injury Lawyer
Were you injured in a nail gun accident? Contact the personal injury lawyers at Banville Law today. Schedule a free consultation and find out whether you may be entitled to compensation. Our experienced attorneys always offer their services on a contingency-fee basis: you owe nothing until we win your case. Call 877-752-0980 or fill out our contact form here.