The last 10 years have seen a steady increase in nail gun usage in this country. This is due in large part to increased access to such power tools by regular homeowners. Accordingly, there has been an increasing number of emergency room visits related to nail gun and power tool accidents.
One of the serious dangers of nail guns is the risk of injury to bystanders. Imagine this scenario. A do-it-yourself homeowner buys a nail gun for a small framing job. The warnings which accompany the nail gun do not sufficiently explain how to clear jams. A neighbor/friend is helping with the job. The homeowner begins using the nail gun and it jams. The homeowner tries to clear the jam with his finger still on the trigger. After the jam is cleared, an errant nail is fired from the gun and strikes the neighbor.
The reality is that nail guns are inherently dangerous. A nail lodged in a major organ is a major medical situation and could be fatal. Nail guns are one of the most dangerous kinds of power tools on the market. Improper warnings and defects in design may lead to accidents and injuries. Nail gun manufacturers, importers/distributors and retailers may all be held liable for a defective nail gun.
Liability in a nail gun accident case comes from the act of placing a defective product in the stream of commerce. This is why a retailer like a home improvement store can be held liable for a defective product. However, in order to prevail in a products liability action, you must be able to prove that the defect existed when it left the defendant’s possession. So in the case against a retailer, you must be able to prove that the nail gun was defective or came with ineffective warnings when it was purchased from the retailer.
Under Pennsylvania and New Jersey products liability law, the party who was actually injured in the example above, the neighbor, would be able bring a defective products claim even though he/she did not purchase the product. Under general products liability principles, any person who reasonably comes into contact with the product may bring a claim.
Related Defective Products Legal Articles:
- Power Tool Accidents – Tips to Avoid Injuries
- Pennsylvania & New Jersey Nail Gun Accident Law – Liability of Nail Gun Retailers
- Power Tool Safety Issues in Products Liability Cases
Nail Gun & Defective Power Tool Products Law Firm
Our products liability lawyers have prosecuted many defective tool cases, including nail gun defect cases. If you would like to discuss a potential defective tool case, please call Click To Call.
Our defective tool and products liability lawyers represent victims in the following areas: Allegheny County, PA; Berks County, PA; Bucks County, PA; Chester County, PA; Delaware County, PA; Lehigh County, PA; Montgomery County, PA; Northampton County, PA: Philadelphia County, PA; Atlantic County, NJ; Burlington County, NJ; Camden County, NJ; Cumberland County, NJ; Gloucester County, NJ; Salem County, NJ; New Castle County, DE; Kent County, DE; Atlantic City, NJ; Philadelphia, PA; Pittsburgh, PA; Newark, NJ; Doylestown, PA; Media, PA; West Chester, PA; Norristown, PA; Camden, NJ; Wilmington, DE; Newark, DE; Georgetown, DE; and New Castle, DE. Our lawyers can also obtain special admission in other states such as New York or Delaware on a case by case basis.
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