Nail guns are a necessary tool in the construction industry. Unfortunately, this tool can cause significant injuries to its users or those on the construction site. Hitachi nail guns have been responsible for many construction injuries resulting in numerous complaints and compensation for the injured victims. Although most injuries from nail guns are associated with errors in their usage, many people have also been injured by defective or malfunctioning Hitachi nail guns. As a result, Hitachi recalled two types of nail guns from the market.
Some injuries from Hitachi nail guns have been reported to be catastrophic, causing permanent disability to the victims. If you or a loved one has sustained injuries from a Hitachi gun, you do not have to suffer in silence and bear the damages as a result. Instead, you can join many others in a class-action lawsuit against Hitachi nail guns to receive your compensation. At Consumer Alert Now, we will provide you with details of the risks and injuries from this product and how to join a class-action lawsuit near you.
Overview of Hitachi Nail Guns
As earlier stated, nail guns are construction tools or equipment used in driving nails through various surfaces that include wood and concrete. This tool is essential when a builder desires to bind something to the other permanently. The tool comes in multiple forms that include pneumatic, butane, propane, or electromagnetic. Some of these tools even have an explosive charger to release the nails.
For decades Hitachi has been used in manufacturing and designing construction nail guns used worldwide. Unfortunately, over the years, the company has been forced to call back thousands of different nail guns because of complaints that they are causing injuries while in use.
Common Injuries from Nail Guns
The manufacturers of nail guns design them to drive metallic nails into compact solid surfaces like wood, concrete, drywall, and even metal. For the tool to do this, massive force is applied during the process. If the tool is operated incorrectly or the nail gun fires wrongly, the user can sustain significant injuries, and in some cases, fatal ones. Most injuries reported from nail guns are on the hand, and other significant injuries on different body parts have been reported. Some of these are:
- Open wounds and lacerations
- Finger and hand injuries
- Head injuries
- Eye injuries
- Fractures to the bones
- Arms and legs injuries
- Corneal abrasions
- Puncture wounds
- Damage to the nerve
- Nail embedded in a bone
- Injuries to the torso
- Infections and
Some injuries caused by these guns are minor and require little attention to heal from them. However, many of the damages are so severe, requiring emergency surgery immediately; they occur to extract the nail from the victim’s body. When a nail is stuck in your body, the doctors advise you not to remove or try to remove it yourself because you will expose yourself to the possibility of bleeding to death.
It is also critical to see a doctor because you may underestimate the damage the nail has caused you to later deal with more severe complications. Injuries from nail guns must not be taken lightly but treated with serious caution. Equally, the damages both financially and physically from the injuries can be devastating. Joining a class-action lawsuit against the Hitachi nail gun increases your chance of receiving compensation for the damages you have sustained.
Nail Gun Recalls by Hitachi
As earlier stated, many reports of injuries from malfunctioning or defective Hitachi nail guns have been filed. As a result, thousands of guns have been recalled by the manufacturer to prevent further injuries. Over the years, two models of the pneumatic nail guns have been recalled by Hitachi. Below we discuss further these gun models and their reason for recalling.
Model NV83A2 – Hitachi Coil Nailer
This is a type of nail gun manufactured by Hitachi. Following numerous reports of injuries from these guns, Hitachi made its first recall for the model in 2010. After the Consumer Products Safety Commission (CPSC) announcement, the nail coiler’s particular model had a defective feeder. As a result of the fault, when released, the nails did not go directly to the surface, but instead, they fired sideways.
Additionally, due to the defect, many injuries were linked to it. Most users reported that despite using the nail gun as required, the nails fired in the wrong direction, injuring their eyes and the head. Injuries to the head are often devastating and cause permanent disability such as blindness if the nail lands in the eye, piercing it.
When the injuries were reported in large numbers, Hitachi recalled approximately 50,000 of the United States’ tools. In Canada, more than 15,000 units were also recalled. When the recall occurred, 37 reports had been raised of the nails being ejected sideways, and 15 injuries to the eye and eye area were reported. Unfortunately, five of the reported injuries resulted in partial blindness to the victims.
This model of a nail gun was distributed through stores that deal with building supplies and home improvement. Some of the known stores that stocked the particular model include Home Depot and Lowe’s.
Model NR83A3 – Hitachi Koki Pneumatic Nailer
This is another recall done by Hitachi after the first one of 2010, as earlier discussed. In 2014, Hitachi made their second recall by taking off the NR83A3 model of the pneumatic nail. The product was reported to cause jamming of the tool overriding the safety switch that allows only a single nail to eject at a time. This defect is dangerous and posed a risk to cause significant injuries to its users.
When this was reported, the company recalled the product, which included 25,000 pieces in the United States and Canada, 300 pieces. However, the recall was not associated with any injuries, and none had been reported at the time it was made. Similarly to the previously discussed model, this was also sold at stores dealing with building supplies such as Home Depot and Lowe’s.
A Hitachi Nail Gun Settlement Suit for $2.5 Million
One of the popularly known settlement lawsuits by Hitachi is one involving Martin Oliver. Oliver was a carpenter that had more than 40 years of experience working in the field. While working with a Hitachi nail gun, the tool released a nail that lodged in his head. The injury, as a result, was catastrophic, leaving him with a permanent disability.
The nail gun responsible for his injuries was NR83A, a pneumatic nail gun. This model is reported to have been manufactured with a defect in its trip mechanism. Typically, nail guns are made with a feature known as a sequential trip mechanism. This feature requires the tool’s tip to touch the surface to be nailed.
Concerning the defective NR83A model, the tool could continue firing even after lifting the surface’s firing tip. The design defect caused many individuals to touch the trigger, accidentally firing dangerous projectiles in others’ direction and even themselves. This is what caused Oliver’s injuries. A small tap by a finger resulted in a nail lodging in his head, causing him permanent disability.
Following the devastating injury, Oliver, after filing a suit against Hitachi for the damages, received $2.5 million in the settlement. Depending on how severe the injuries you sustained are, the court awards you damages for them. In this case, Oliver would not continue to work for the rest of his life because of the injuries sustained. If you used the equipment as you are required to, and it caused you injuries, you can join a class-action lawsuit against Hitachi nail gun near you to receive compensation for your injuries.
The recall by Hitachi for their nail guns has received a lot of media play. However, it is critical to understand that it is not the only one. Many manufacturers have had to call back their products due to defects. Recalls of various types of nail guns started way back in early 2000. If you or a loved one has suffered injuries because of a nail gun, finding an attorney near you to advise you on the best way to receive compensation for your damages is critical.
Understanding Product Liability
In product liability laws, distributors, manufacturers, and retailers must ensure their products are safe and do not have defects that can result in injuries or death. If negligence leads to accidents that cause injuries or fatality, victims are qualified to be involved in lawsuits seeking financial compensation for their damages. This is what is referred to under product liability laws.
Lawyers in class action lawsuits base their cases on product liability law. Common law is based on their pursuit of justice for their clients and the Uniform Commercial Code (UCC). Under article 2 of UCC, consumer goods have an implied warranty that they are safe and good and are ideal for the reason they are sold. This means, if products, in this case, Hitachi nail guns have fundamental defects that could result in injuries or death to the user, product liability laws are applied.
Safety regulations in the manufacturing industry are supposed to safeguard the consumers’ interests and ensure the products released to the market are safe to use. Sadly, many manufacturers are disregarding safety regulations as legislators, and federal standards have been relaxed in the recent past. Because of this, many injuries have been reported from consumer products and sometimes death. Due to this, Hitachi has released defective nail guns to the market that have caused numerous injuries and deaths to their users. If you have been injured by a Hitachi nail gun, under product liability laws, you qualify to receive damages under product liability laws.
Properties of a Defective Product Constitute
A product is described as defective if it leads to consumer sustaining injuries or death because of errors in its production or description or the way it is used. Manufacturers and sometimes distributors of the defective product are held responsible for the damages that follow due to the product.
For a lawyer to win a product liability case, they must base their case on three legal theories. These theories are the basis of their lawsuits, and they include:
- A defect in the manufacturing of the product – This lawsuit is based on death or injuries resulting from a defect or malfunction that happened during the process of manufacturing the said product.
- A defect in the product’s design – Injuries can result from a faulty design, even without a defect in the product itself. In such a case, it means there was a safer design that could have been used instead of the one used, and the alternative design was safer. If the death or injury of the victim was caused by a flaw in the design of the product, the manufacturer or designer could be held liable. Many manufacturers opt for the cheaper design that allows them to save money and increase their productivity. The risk the product poses is disregarded until it is too late.
- Failing to warn or inadequate warning – Under this theory, the lawyer bases their case on a lack of proper warning that the product could cause death or injuries. For instance, if a particular Hitachi nail gun has not been indicated unsafe to use on concrete walls and the builder used it, sustaining injuries, the company is responsible for not providing sufficient warning against using the nail gun.
Class action lawsuits follow these theories in raising cases against manufacturers or distributors of particular products. However, the evidence is required that one used the product in the manner it was supposed to, and they sustained the injuries.
Causes of Nail Gun Accidents
Besides knowing that Hitachi nail guns and other nail guns, in general, can cause injuries to their users or others in the vicinity, it is vital to know why the accidents with these guns occur or their causes. In the U.S alone, reports indicate that about 37,000 individuals are hospitalized due to nail gun injuries. This figure is beside the one for persons that are treated and released immediately. Nail gun accidents happen in different ways, that include:
- Unexpected nail discharge – Nail guns are supposed to fire one nail at a time when the safety switch is released. However, some double guns fire, injuring the user and sometimes the people near them. Normally, a nail gun user is only prepared for one nail to be fired, but the second one is never the expected reason why it causes injuries.
- Hitting the safety contact with a squeezed trigger – A nail gun user squeezes the trigger while preparing to drive the nail into the surface. Unfortunately, when it is accidentally knocked in a different direction, the gun will still fire the nail, lodging into the surface nearest to it.
- Nail Penetration – A nail can also penetrate through the intended surface into an individual’s arm or leg despite being properly placed.
- Nail ricochet – When a nail gun user is firing into a hard surface, a nail can ricochet, hitting other workers and bystanders as well.
- Missing target – If a nail gun user poorly aims the gun, they can miss the target hitting themselves or a nearby person.
- Absurd nailing position – If you are using your nail gun over your shoulder while on a ladder, it is risky because your body is positioned where the ejected nail is likely to travel through. This position increases your chance of being struck by a nail.
- Over passing safety features – While operating a nail gun, it is a risk to disengage the safety switch. This is more so because the gun will not require contact with a surface to release a nail. When this happens, yourself, a bystander, or another worker can be injured.
Seeking Compensation Following Injuries from a Hitachi Nail Gun
As earlier indicated, Hitachi recalled two pneumatic nail gun models from the market following numerous complaints from its users. The recall resulted in thousands of units going back to the manufacturer and some victims of the guns being compensated. You can indeed petition the court for damages following injuries from the nail guns solely, but it may be best to join a class-action lawsuit. Many advantages exist in class action lawsuits compared to lawsuits where you are the sole complainant. Some of the reasons why joining a class action suit is advantageous are:
Strength in Masses
Although you can still receive compensation when you petition the court alone, you stand a better chance of receiving damages when you are fighting for the same course. The evidence from multiple sources strengthens the case, with each person having a story to tell. With these many complaints about the same product, the jury is likely to believe the product in question is faulty, and the victims deserve compensation.
Additionally, most manufacturers have strong legal teams that are best challenged by another team of lawyers that have thoroughly studied the case and the product in question. This makes it difficult for the manufacturer’s legal team to overpower the team in a class action in addition to the evidence they have. The law firms that take on class action lawsuits work on a contingency basis. This means you will not have to pay them for legal representation, but they take their pay after winning the case and the damages awarded.
The efficiency in class action lawsuits is more than other lawsuits. When thousands of individuals file the same claim against a single defendant, the huge numbers suffocate the court operations. This results in the slowing of the process of obtaining justice. However, with a class-action suit, one judge presides over the suit, focusing on it solely. Having a class action suit spares the court and the legal system the burden of dealing with thousands of individual cases against the same defendant.
Your Voice is Heard in a Class Action Case
If you were complaining about a particular product alone, it might be difficult to make a difference and even stop the company from manufacturing the faulty product. However, when many people complain about the same product, their voices are heard, and change occurs. For instance, if only one person came forward and complained or sued Hitachi for their nail guns, it may be viewed as just a single complaint, meaning most users are happy with the product. This will be so despite some keeping their disappointment to themselves.
Increased Chance of Receiving Compensation
Another great advantage of joining a class action is the increased chance of receiving compensation. Filing a lawsuit by yourself for damages from Hitachi nail guns may not easily earn you compensation. The company’s lawyers will frustrate your case, making it weak. However, in a class action, each plaintiff has evidence of the injuries and a Hitachi nail gun that caused the injuries. Because of the combined lawsuit, it becomes easier to convince the court that the nail guns are faulty, and as a result, they caused injuries.
Additionally, joining a class action early increases your chance of receiving compensation. Typically, class action cases are settled once, meaning those who were already part of the lawsuit will receive their damages instead of those who want to join later after judgment has been passed. The money received from the case is equitably shared among the plaintiffs after the lawyers take their fees.
Joining a Hitachi Nail Gun Class Action Suit
Compared to personal injury claims, you do not require having a lot of input in a class-action lawsuit. The only legal requirement is that many people join together, each with evidence of the injuries sustained following an accident with a Hitachi nail gun. With the help of an experienced attorney, all persons alleging to have sustained injuries used the nail guns to create a lawsuit to seek compensation for their costs.
If you have sustained injuries from using a Hitachi nail gun, you can find an attorney near you to advise you on the nearest class action lawsuit to join. But, before joining, you will be required to produce evidence of damages sustained because of the nail gun. This is critical to avoid fictitious claims that, if established, can bring credibility issues into the suit.
It is also important to remember class action suits take time to be settled. However, the time taken is shorter than if each plaintiff raised their claim.
Find a Class Action Attorney Near Me
As discussed earlier, the damages one is likely to sustain from a Hitachi nail gun mishap can be devastating. The cost of treating these injuries can be high, let alone losing a loved one from them. Finding a class action lawsuit near you is critical to receiving your damages.
If you are interested in joining this class action lawsuit, we at Consumer Alert Now can help you understand the workings of the lawsuit and how to join a current class-action lawsuit. Contact us at 800-511-0747, and we will offer you the needed help.