Construction sites can be dangerous places. There are hazardous materials, large machinery, and the potential for accidents with power tools. Construction workers routinely face physical dangers from working with and around heavy machinery and power tools and the risk of getting injured by broken or worn power tools.
Though safety measures are taken to minimize these risks, it is quite common for construction sites to have incidents that lead to serious injuries and even deaths. If proper safety protocols and safety techniques are not followed, it increases the chance that accidents will happen. Nail guns are a common tool used on job sites, and unfortunately, accidents can lead to severe injuries and even death. Without proper safety measures in place, nail guns can change a worker’s life forever.
Negligence is an important factor to consider when discussing nail gun accidents. Negligence is defined as a failure to take reasonable care to avoid causing harm to others. To bring a successful claim for negligence, a plaintiff must demonstrate that the defendant had a duty of care owed to them, and the defendant breached that duty of care, and that breach caused the plaintiff to suffer damages.
For nail gun-related accidents, negligence is typically attributed either to the product manufacturer, the user, or the person who provided training and maintenance instructions about the safe use of the nail gun. For example, if the manufacturer provided defective or incomplete safety instructions, or if the product was found unsafe due to a defective part or design, then they could be held liable for any injuries caused by the product.
On the other hand, if the user was careless in the use of the nail gun or did not follow the manufacturer’s safety instructions, then they could be held partially or fully liable for their negligence. Additionally, if the training or maintenance instructions provided by the person responsible for maintaining the nail gun were inadequate and an accident occurred, that person could also be held liable for negligence.
This means negligence is a key factor to consider at any time nail gun accidents are discussed or examined. All parties must be held accountable to the standard of care necessary for the safe and proper operation of a nail gun. The Arizona nail gun injury lawyers at Torgenson Law understand the intricacies surrounding nail gun injury cases. We will investigate your case and guide you in the steps you need to take to receive compensation for your injuries.
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.
A contact trip nail gun trigger works similarly to a hammer. Pressure is applied to the gun’s trigger, and the hammer drives the nail into the surface. This type of nail gun trigger is usually equipped with a safety switch to keep the gun from accidentally firing. Because they don’t require squeezing both triggers, contact trip triggers are particularly handy for fastening larger pieces of material. However, the contact trip trigger can have a problem with recoil that can result in two nails being fired at once, resulting in a ricochet.
A sequential trip nail gun trigger works similarly to the contact trip trigger, but there is an added step. First, the trigger is pressed until it reaches a certain level. Then, the second trigger is pulled back until it reaches the firing level. This added safety feature means that the nail gun will only fire when the two triggers are pulled in the correct sequence. The safety feature is specifically designed to help reduce the number of misfires that can occur when using a contact trip nail gun. Sequential trip triggers are often found in framing and roofing nailers, as they are used for large pieces of material but could potentially be dangerous if misfired.
The amount of time you have to file a construction injury lawsuit in Arizona can vary based on the type of injury you sustained, the jurisdiction, and the situation itself. Generally speaking, people who have suffered an injury due to construction have two years from the date of the injury to file a lawsuit against the party at fault.
This two-year statute of limitations in Arizona applies to many types of construction injury lawsuits, such as those filed due to negligence, premises liability, product liability, and other claims related to construction accidents. However, some claims related to the construction fields may have different time limits. As such, it’s important to talk to a nail gun personal injury attorney at Torgenson Law to learn about any deadline for your case.
In cases involving minor injuries, it’s important to act quickly because the time limit of two years can pass quickly. Even if your injury seems minor, you should still contact a lawyer and take the necessary steps immediately to protect your rights and ensure you receive the compensation that you deserve. Call us today at 602-900-9019 or reach out online to get started.