How can the company be liabile for his incompetence? He fired the gun into METAL! If there was a warning not to use in metal, then give him nothing. It is sad that he is not the same since then, but if the accident was his fault, oh well. Another article said that the gun was made in such a way that it didn’t allow the person using it to react if it backfired. If he was using it improperly when it backfired, does that even matter?
That’s one good lawyer and one dumb jury. This one should have been thrown out immediately. Any idiot that shoots a nail gun designed for wood into another surface deserves what they get. I hope the companies win on appeal.
An even better How is How is **Home Depot** responsible? It’s one thing to sue a manufacturer alleging improper design/labeling, but looks like he successfully sued the retailer?
They must have played some home videos from before, then after while disabled. I could see how the attorney could prey upon the jury for sympathy. Unfortunately, when there is a person who cannot take care of him/herself anymore, objectivity goes out the window with any logical conclusions. It is sad that it happened to him, but to make others pay for his mistake?
so, how come someone whom has been in the business for 20 yrs construction not know how to properly use a nail gun? are going to tell me that he does not understand the proper use of a tool? this is not a manufacturing nor a retailer problem — the user and here again goes the act of responsibility. DID HE NOT READ DIRECTIONS? it’s not the company whom made the gun responsible, since it’s written in the directions. it’s not the retailer since they are selling the equipment. what happened to the user of the equipment? if he built the item, he should know its content. so does he really know that it was metal and not wood? does that mean he’s been incompetent for the past 20 yrs? um…surely do we now add the construction firm for having metal and not wood? um…another frivilous lawsuit only because he did the wrong thing and now does not want to pay his on consequences…
It is “who” not “whom” made the gun. I am not correcting you to be a jerk, but I have read a lot of your posts and you misuse that word a lot. Thought I should let you know. I agree with your post otherwise.
Let’s hear it for our legal system. How can anyone assess only 55% comparative to a moron who injures himself like this? This should have been a defense verdict, but no……in our badly flawed system somebody must pay….regardless of fault. A defense verdict would have punished the pltf. counsel by not providing him a fee. This case is fraud anyway because this plaintiff had no brain to begin with.
First, Dustin this is an insurance site, not Merriam Webster. Second, this suit is insane. I guess because I thought I could use my car underwater, than the maker and the dealership are liable if I drown while attempting that. This is a very sad situation but the insured must not have had disability insurance and needed funds from somewhere.
I’ve got some guys who’ll be happy to pick up Jerry – and drive him home, too! We’ll keep him on the projects ground floors in case he starts twitching so he won’t get hurt again. Team player!
We strongly defend our members right to fire nail guns at anything they like…including their brain….It’s a free country isn’t it?
And if they fire that thing at the side of a battleship and their are no explicit instructions to not fire it at the side of a battleship and then it hits our brain…well then we sue…It’s the American way.
Dustin,
Bless you for having good grammar and trying to help others. As an insurance professional, or any professional for that matter, verbal and written communication can reveal a lot about a person [e.g. if they have an eye for detail, how well they present, level of apathy, etc…]. You all have intelligent opinions and experience views. All you need to do is add that last bit of polish to hit a home run. Details matter.
Lots of 20 yr construction vets are looking for the ‘million dollar wound’ – this guy just got too enthusiastic – besides his W/Comp combined w/ SSI etc. will pay the freight – the defendents should appeal this to Mars, if needs be
I think the judgement is excessive, but from the construction guys I have known and worked with, a nail gun is a do all tool that they will basically use on anything. Was the metal a steel i-beam or aluminum flashing….there is a big difference. And what construction type guy actually sits down to read the instructions to their tools? They would be laughed off the jobsite.
I am not PC so not sure what to call the jurists and the plaintiff but this verdict is so ridiculous that it’s sickening. APPEAL, APPEAL, APPEAL. Okay now to read every else’s posts.
Better to be laughed off the site than to be carried off with a nail in your stupid head. For someone who worked in the business for 20 years wouldn’t you think the “street saavy” would have rubbed off on him? I fly a desk and at least have enought common sense to know “nails” are used on wood, not steel. The guy’s an imbecile who deserves nothing.
Yes, reading the instructions would be a good thing, but from the construction I have done, nail gun training consists of. Put this part on the board and squeeze the trigger…oh, and this is how you load more nails. If you are in a hurry, just hold the trigger down and bounce the guard off the boards.
Off topic, but it is amazing how many nails go into construction now with the nail guns. Where one nail used to work, you now get 4 becuase it is so easy to just that many in.
yep, let’s see….for every nail i used to nail my head went into every house i built for the past 20 yrs, so does that mean i have lost a nail or 2 in a house?…or did he lose a marble or 2?…or after 20 yrs, will a house fall down?
How can the company be liabile for his incompetence? He fired the gun into METAL! If there was a warning not to use in metal, then give him nothing. It is sad that he is not the same since then, but if the accident was his fault, oh well. Another article said that the gun was made in such a way that it didn’t allow the person using it to react if it backfired. If he was using it improperly when it backfired, does that even matter?
That’s one good lawyer and one dumb jury. This one should have been thrown out immediately. Any idiot that shoots a nail gun designed for wood into another surface deserves what they get. I hope the companies win on appeal.
An even better How is How is **Home Depot** responsible? It’s one thing to sue a manufacturer alleging improper design/labeling, but looks like he successfully sued the retailer?
They must have played some home videos from before, then after while disabled. I could see how the attorney could prey upon the jury for sympathy. Unfortunately, when there is a person who cannot take care of him/herself anymore, objectivity goes out the window with any logical conclusions. It is sad that it happened to him, but to make others pay for his mistake?
so, how come someone whom has been in the business for 20 yrs construction not know how to properly use a nail gun? are going to tell me that he does not understand the proper use of a tool? this is not a manufacturing nor a retailer problem — the user and here again goes the act of responsibility. DID HE NOT READ DIRECTIONS? it’s not the company whom made the gun responsible, since it’s written in the directions. it’s not the retailer since they are selling the equipment. what happened to the user of the equipment? if he built the item, he should know its content. so does he really know that it was metal and not wood? does that mean he’s been incompetent for the past 20 yrs? um…surely do we now add the construction firm for having metal and not wood? um…another frivilous lawsuit only because he did the wrong thing and now does not want to pay his on consequences…
It is “who” not “whom” made the gun. I am not correcting you to be a jerk, but I have read a lot of your posts and you misuse that word a lot. Thought I should let you know. I agree with your post otherwise.
Let’s hear it for our legal system. How can anyone assess only 55% comparative to a moron who injures himself like this? This should have been a defense verdict, but no……in our badly flawed system somebody must pay….regardless of fault. A defense verdict would have punished the pltf. counsel by not providing him a fee. This case is fraud anyway because this plaintiff had no brain to begin with.
First, Dustin this is an insurance site, not Merriam Webster. Second, this suit is insane. I guess because I thought I could use my car underwater, than the maker and the dealership are liable if I drown while attempting that. This is a very sad situation but the insured must not have had disability insurance and needed funds from somewhere.
The plaintiff did not utilize the product as intended – and they only found him 55% at fault?
I sure hope there is an appeal…….
The post was not to embarass anyone, but to help a fellow insurance professional. I guess trying to help is overrated.
I’ve got some guys who’ll be happy to pick up Jerry – and drive him home, too! We’ll keep him on the projects ground floors in case he starts twitching so he won’t get hurt again. Team player!
We strongly defend our members right to fire nail guns at anything they like…including their brain….It’s a free country isn’t it?
And if they fire that thing at the side of a battleship and their are no explicit instructions to not fire it at the side of a battleship and then it hits our brain…well then we sue…It’s the American way.
Tell my you didn’t just misspell embarrass??? Not that I want to embarrass you or anything, but your spelling skills are overrated.
Dustin,
Bless you for having good grammar and trying to help others. As an insurance professional, or any professional for that matter, verbal and written communication can reveal a lot about a person [e.g. if they have an eye for detail, how well they present, level of apathy, etc…]. You all have intelligent opinions and experience views. All you need to do is add that last bit of polish to hit a home run. Details matter.
Of course not! I was trying my hand at some irony, and you got it! But seriously, my spelling sucks today.
Seriously, I think the instructions with the car directs you to keep the car out of water. If you drown, you are on your own…seriously
do ya think so? or is it that we just hollar at a dummy/computer and have it drive it for us? are we in the 23rd century?
Show me where it states to keep the car out of water to avoid drowning in a car manual. Just like it said to use the nail gun in wood and not METAL.
Lots of 20 yr construction vets are looking for the ‘million dollar wound’ – this guy just got too enthusiastic – besides his W/Comp combined w/ SSI etc. will pay the freight – the defendents should appeal this to Mars, if needs be
I think the judgement is excessive, but from the construction guys I have known and worked with, a nail gun is a do all tool that they will basically use on anything. Was the metal a steel i-beam or aluminum flashing….there is a big difference. And what construction type guy actually sits down to read the instructions to their tools? They would be laughed off the jobsite.
I am not PC so not sure what to call the jurists and the plaintiff but this verdict is so ridiculous that it’s sickening. APPEAL, APPEAL, APPEAL. Okay now to read every else’s posts.
Better to be laughed off the site than to be carried off with a nail in your stupid head. For someone who worked in the business for 20 years wouldn’t you think the “street saavy” would have rubbed off on him? I fly a desk and at least have enought common sense to know “nails” are used on wood, not steel. The guy’s an imbecile who deserves nothing.
Yes, reading the instructions would be a good thing, but from the construction I have done, nail gun training consists of. Put this part on the board and squeeze the trigger…oh, and this is how you load more nails. If you are in a hurry, just hold the trigger down and bounce the guard off the boards.
Off topic, but it is amazing how many nails go into construction now with the nail guns. Where one nail used to work, you now get 4 becuase it is so easy to just that many in.
How about a suit against this guy and his company. How many building are going to fall apart because he hasn’t hada clue for the last 20 years?
yep, let’s see….for every nail i used to nail my head went into every house i built for the past 20 yrs, so does that mean i have lost a nail or 2 in a house?…or did he lose a marble or 2?…or after 20 yrs, will a house fall down?
Puts a whole new meaning to “hitting the nail on the head”