Construction Worker Injured by Nail Gun

ByMichael Talve, CEO

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Updated onFebruary 2, 2017

Construction Worker Injured by Nail Gun

This case involves an injury to a construction worker. The plaintiff, a twenty-eight-year-old male, was constructing a deck using a compressed air nail gun. The nail gun had a safety mechanism that did not allow the gun to fire a nail unless the muzzle was pressed against a surface. However, while the plaintiff was using the gun, the muzzle became stuck, and the gun fired three nails into the plaintiff’s leg. The plaintiff sustained extensive injuries and was forced to miss two months of work.

Question(s) For Expert Witness

1. Is this a normal risk associated with the nail gun, and how often does such a hazard occur?

Expert Witness Response

inline imageFor nail guns, one of the most important safety features is the muzzle. Unless pressed against a surface, the muzzle will not allow nails to fire from the gun. In some cases, due to the muzzle being made from metal, the muzzle can warp and become stuck, which can be a dangerous circumstance. Still, given the device's intended use, it is important that appropriate measures are put in place in order to ensure that even if the muzzle does become stuck, the nail gun will not discharge. One additional measure that is found on some devices is the sequential-trip trigger which requires the muzzle to be depressed before the manual trigger, rather than simultaneously with the trigger. This ensures that unintended discharges are less likely to occur. An error like this one, however, where the gun fires without the trigger being pulled, usually is indicative of a defect of some kind.

About the author

Michael Talve, CEO

Michael Talve, CEO

Michael Talve stands at the forefront of legal innovation as the CEO and Managing Director of Expert Institute. Under his leadership, the Expert Institute has established itself as a vital player in the legal technology arena, revolutionizing how lawyers connect with world-class experts and access advanced legal technology. Michael's role involves not only steering the company's strategic direction but also ensuring the delivery of unparalleled intelligence and cutting-edge solutions to legal professionals. His work at Expert Institute has been instrumental in enhancing the capabilities of attorneys in case preparation and execution, making a significant impact on the legal industry's approach to expert consultation and technological integration. Michael's vision and execution have positioned the Expert Institute as a key facilitator in the intersection of law and technology.

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