Nail Gun Accident Lawyer in Fort Lauderdale

According to the Centers for Disease Control and Prevention (CDC), nail gun accidents lead to 37,000 emergency room visits every year. These injuries occur on the job and at home. In fact, the CDC found that over 30 percent of nail gun injuries were consumers.

If you sustained an injury using a nail gun, you may be able to recover compensation. A Fort Lauderdale nail gun accident lawyer from Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. has the knowledge and experience to help you recover the compensation you need to cover your injuries. Call today: 954-524-2820.

What are the different types of nail guns? How do they work?

There are four major types of nail guns and each has a different way of driving the nails into the surface:

  • Pneumatic: Use compressed air, most common
  • Cordless: Use battery charge/fuel gas
  • Electric: Use electricity
  • Powder actuated nail gun: Use expanding gases from powder inside gun

Nail guns also have different types of triggers:

  • Touch-trip triggers: These are the most popular type of nail gun and require the user to push a safety contact against the material while pressing the trigger.
  • Sequential-firing triggers: With this type of trigger, the user must push the safety-contact piece on the nose of the gun down before s/he can pull the trigger.

Touch-trip triggers are twice as likely to cause injury, reports the CDC.

What causes a nail gun injury?

The CDC lists the following as the seven main risk factors of nail gun injuries:

  • Accidentally double firing
  • Hitting the safety contact while pressing the trigger
  • Nails breaking through the wood
  • Nails ricocheting
  • Nail missing the intended target altogether
  • Users disabling or modifying the gun’s safety mechanisms
  • Inability to properly control gun

What types of injuries occur in nail gun accidents?

Puncture wounds make up most of the injuries that occur in nail gun accidents. Many of these injuries involve the users hand or finger, though they can also suffer injuries to their arms, thighs, knees, and feet. Nail gun accidents can also cause:

  • Lacerations
  • Dental injuries
  • Electrical burns
  • Broken bones
  • Nerve damage
  • Paralysis
  • Brain damage

These serious injuries can force you to take time off work to undergo surgery, physical therapy, and rehabilitation, or keep you out of work altogether.

Who is responsible for my nail gun injury?

You may think that because you were the one using the gun, you are the only one responsible for what happened. This is not always the case.

Employers or contractors who fail to use full sequential trigger nail guns to prevent double fires or fail to provide their employees with protective equipment, training, or first aid may be liable for nail gun injuries that occur at work.

A negligent manufacturer or reckless neighbor might be liable for nail gun accidents that occur away from a work site.

Options for Recovery

Your options for recovery after a nail gun accident will depend on whether you were on-the-job or working at home at the time of your accident.

On-the-Job Injuries

If you are an employee who has suffered an injury at your job site, you have a couple of options when it comes to recovering damages.

Workers’ Compensation: Regardless of who is at fault, you can file a workers’ compensation claim with your company. Workers’ compensation benefits cover medical expenses and lost wages that occur because of your injuries. Workers’ compensation does not cover non-economic damages such as pain and suffering or emotional trauma.

Third-Party Claim: Receiving workers’ comp benefits means you cannot sue your employer; however, if another party was responsible for your injury, you can file a claim against that party.

Your lawsuit can name numerous parties as defendants including:

  • Nail gun manufacturers
  • Property owners
  • Sub-contractors, general contractors
  • Other professionals on site (e.g., architects, engineers)
  • Other third parties

Filing a personal injury suit against a third party will require you to prove the following elements of negligence:

  • The third party or parties (defendants) owed you a duty.
  • The defendant breached the duty owed to you.
  • This breach in duty caused your accident and injuries.
  • You suffered injuries because of the accident.

If you can prove all the above elements, you can demand compensation for your injuries.

At-home Injuries

Workers are not the only ones who use nail guns. Many consumers use nail guns to renovate and repair their homes. Injured consumers can file claims against:

  • Manufacturers: You can sue a nail gun manufacturer for injuries from defective safety mechanisms, inadequate instructions, and poor design.
  • Other negligent parties: If another party’s negligent use a nail gun injured you, you can file a claim against that party.

We can help you determine the best course of action and exactly how to file to recover the highest amount of compensation possible. We will investigate your claim, determine liable parties, gather necessary evidence, and negotiate with the at-fault party’s insurer or lawyers.

Note: In Florida, the statute of limitations for a personal injury suit is four years from the date of injury. If you try to file after the four years are up, the court will dismiss your claim and you will be unable to recover anything.

Recovering Damages After a Nail Gun Accident

Nail gun accidents can cause devastating injuries that take months or years to heal. Even after costly surgeries and hours of rehabilitation, you may never fully recover from the incident. 

Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. understands the difficulties you and your family are going through. Our team will help you recover compensation for your medical expenses, pain and suffering, lost wages, and other costs. Call us at 954-524-2820 to schedule a free consultation today.