Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue after a nail gun accident on a New York construction site?
Yes. Under New York Labor Law §241(6), property owners and general contractors must maintain a safe worksite and follow Industrial Code rules covering pneumatic nail gun use. If those rules were violated, you may hold the owner and GC strictly liable regardless of worker fault. An injured worker can also bring a products liability claim against the nail gun manufacturer if a defect caused the discharge.
Does a nail gun infection change my New York lawsuit?
It can significantly increase damages. Nail gun puncture wounds carry a high risk of bacterial infection, including staph and, in contaminated job-site environments, tetanus or polymicrobial infections. Medical expenses for debridement, IV antibiotics, or surgery, plus lost wages during recovery, are all recoverable damages in a New York personal injury or Labor Law claim.
Who is liable for a nail gun injury on a New York job site?
Liability may fall on the general contractor, subcontractor, property owner, or the nail gun manufacturer. Under Labor Law §200, an owner or GC who directed or controlled the work can be held negligent. If the nail gun misfired due to a design defect or failure to warn, the manufacturer faces strict products liability under New York law.
What is the deadline to file a nail gun injury lawsuit in New York?
Most nail gun injury claims against private parties must be filed within three years of the injury under New York’s personal injury statute of limitations (CPLR §214). Claims against a municipality or public authority require a Notice of Claim within 90 days of the accident. Missing these deadlines typically bars recovery, so consult an attorney promptly.