The average home in the U.S. needs 26 nails per square foot of space. It’s no wonder that nail guns are a well-used tool on construction sites. They make building jobs much faster, but that speed comes at a cost. When a nail gun accident happens, it’s far worse than smashing your thumb with a hammer.
The CDC states that around 37,000 people go to emergency rooms each year for nail gun accidents. Many are due to user error, but some aren’t. For instance, there have been nail gun recalls for faulty safety features. Our Tucson nail gun accident attorneys at Zanes Law can tell you if your case might be eligible for compensation.
Negligence in Nail Gun Accidents
There are two major parties that could become responsible in your nail gun accident case. The first is the nail gun manufacturers. An example is Hitachi Koki. A model of nail gun released from October 2022 and September 2005 had a faulty feeder that would allow nails to fire sideways, according to the U.S. Consumer Product Safety Commission.
The other party is construction companies. Sometimes, a nailer doesn’t get the maintenance it needs, or an employer pushes a worker to use the gun unsafely in the interest of speed.
These devices are dangerous, and a high number of users end up injuring themselves because of improper use and negligence. Proving that a nail gun accident wasn’t your fault is hard, but there is an advantage that workers in Tucson have beyond the protections of workers’ compensation.
For a free legal consultation with a nail gun accidents lawyer serving Tucson, call 866-499-8989
Understanding Pure Comparative Fault in Arizona
Arizona uses a pure comparative fault standard for all personal injury cases. Under this system, the parties in a personal injury case can share responsibility for a case. Your percentage of fault reduces your compensation by that amount.
The pure part means that you can have any percentage of fault and still collect damages. In most states, if you’re 50% or more at fault, you cannot collect compensation. However, Arizona is an exception.
Even if you think you contributed to your accident, it doesn’t mean you can’t get compensation for your accident. Don’t give up before speaking with one of our Tucson nail gun accident lawyers at Zanes Law. We have the experience you need to pursue maximum compensation.
Tucson Nail Gun Accident Lawyer Near Me 866-499-8989
Contact and Sequential Trip Nail Gun Triggers
There is also a design feature in some nail guns that makes them faster, but more dangerous to use. To make a nail gun fire, two things have to happen. The trigger needs to be pulled and the nose needs to be pressed against the surface.
In a contact trigger, these can be done in any order. A worker can hold the trigger and “bump” the gun in a line to lay a row of nails. This trigger type also has a problem with recoil that could cause two nails to fire in the same location and cause a ricochet.
In a sequential trip trigger system, the nose has to be depressed before you pulled the trigger before a nail will fire. This prevents bump nailing. Some systems require both triggers to get disengaged before another nail will fire to reduce the chance of a ricochet.
Why Is This Important?
If you’re issued a gun that doesn’t have a sequential trip system, or you’re told to do bump nailing when you know it’s unsafe, you may have a good argument for your case. When an employer forces workers to use dangerous equipment or techniques, it opens them up to liability.
To go beyond the workers’ compensation system, you’ll need to prove intentional misconduct by the employer or a coworker who injured you. You may also have recourse to sue your employer directly if you’re an independent contractor.
Since so many nail gun accidents happen on construction sites, your nail gun injury lawyer should also have experience working with the Industrial Commission of Arizona on workers’ compensation cases.
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How Long do I Have to File a Lawsuit?
You have two years to file a personal injury claim in Arizona. Nail gun accidents aren’t subtle about showing up, so there’s no worry about the date of discovery. However, there may be other limitations on your right to file.
For instance, if you’re a contractor, your contract may shorten your statute of limitations. Also, there are certain deadlines you need to meet if your nail gun injury happened on the job, like reporting your accident to a supervisor.
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Speak With a Nail Gun Accident Lawyer
If you’ve been hurt because of a faulty nail gun or because your employer pushed you into doing something unsafe with one, you may be eligible for compensation. Speak with one of our nail gun accident lawyers in Tucson for a free consultation. Call or contact us online at Zanes Law Injury Lawyers today.
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