May 4, 2008

Man injured by nail gun in critical condition at Harborview

The Seattle Times reports that a man is in critical condition at Harborview Medical Center in Seattle, Washington after shooting himself in the chest with a large nail gun that drives 6 inch nails.

The man, who has not been identified, was pulled over on Highway 3 after Washington State Patrol saw him involved in an apparent hit-and-run accident. The trooper followed the man onto the Highway after witnessing the accident near Newberry Hill Road and Chico way in Silverdale. The man apparently shot himself after he stopped his Ford Explorer at the trooper's instructions.

According to the Kitsap Sun, officers have not been able to question the man because of his condition.

There are approximately 100 Emergency Room visits daily in America due to nail gun injuries. Some times the injuries are quite serious and some even cause death.

If you or a loved one has been seriously injured or killed by a nail gun due to someone else's negligence, you should contact The Farber Law Group. With our experience in construction accidents and injuries, we can investigate to ascertain whether the workplace had safety precautions in place, that operators had proper training, were not using alcohol and drugs at the time of the accident and that the tools were maintained in proper condition without safety features being overridden. Contact us today for a free case evaluation.

May 2, 2008

Seattle tow truck driver killed in work accident

The Seattle Post Intelligencer reports that a tow truck driver was killed by a flatbed truck when it rolled over him when he was preparing it to be towed in the 4400 block of 26th Avenue West of Magnolia. The King County Medical Examiner's Office identified the driver as Shawn Cary McKinney age 44.

Seattle Police Department spokesman Mark Jamieson says that Lincoln Towing, McKinney's employer, had been contracted to tow the truck because of a car theft investigation. McKinney had called his dispatch asking that a larger truck be sent out to tow the flatbed truck. The second tow truck driver discovered McKinney crushed to death.

Police are investigating the cause of the accident.

This information was brought to you by the Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who are seriously injured or killed as a result of construction or workplace accidents. Contact us today for a free case consultation.

April 22, 2008

Nail gun safety tips to avoid injury

Every day, an average of 100 people across the United States are treated in emergency rooms for construction accidents involving pneumatic nail guns. In a previous posting, we highlighted some of the serious injuries and even deaths caused by the use of the coil type. In that posting, we discussed a wrongful death claim brought by a widow of a man killed while using a coil type of pneumatic gun. In her wrongful death suit, the widow claims that the contact type of gun should be banned from the market. She is not alone as forensic scientists and emergency room doctors alike believe that the sequential type of nail gun is far safer.

Injuries caused by using automatic nail guns include puncture wounds, brain and head injuries, eye injuries and fractured bones. Musculoskeletal injuries include sprains and tendonitis.

Use the following safety tips when operating a nail gun:


  • Use the sequential trigger type, not the coil type of tools

  • Obtain proper training in the correct use of the tool

  • Carry the tool with your finger away from the trigger

  • Always assume the tool is loaded

  • Don't point the tool at anyone at any time

  • Keep your hands out of the way

  • Keep a safety zone around you, making sure co-workers do not enter it

  • Disconnect the tool before trying to repair it or clear jams

  • Wear safety glasses.

If you have been seriously injured while using a nail gun, contact the construction attorneys at The Farber Law Group. We have more than 30 years experience in representing people who have been seriously injured or killed while working in the construction trade. Contact us today for a free case evaluation.

April 19, 2008

Widow of man killed by nail gun sues manufacturer for "wrongful death"

Manuel Murillo died after a nail gun he was using shot a nail 2-1/2 inches into his chest. His wife is now suing the Hitachi-Koki USA for wrongful death claiming that the pneumatic nail gun he was using was "negligently designed, defective and of dangerous character and condition." The Sacramento Bee published a lengthy report written by Andrew McIntosh which investigated nail gun safety and tens of thousands of accidents annually.

In the past decade, injuries due to pneumatic nail guns have increased over 200% according to U.S. Consumer Product Safety Commission study. In the study's five year period, an average of 37,000 patients were treated in hospital emergency rooms every year, an average of 100 every single day. Serious injuries and deaths were reported including nails fired into the brain, loss of an eye and severe damage to a hand.

The Sacramento-Bee story highlighted several other cases besides Murillo's:

  • A Truckee man who was treated at Tahoe Forest Hospital for 3-1/4 inch nail embedded in his lung.
  • Highway Patrol Officer Ronald Harris Junior was hit in the eye by a nail fired 75 feet away at a construction site as he drove by.
  • Eugene Doran won a $15.35 million lawsuit after his spine was severed, causing him to be a quadriplegic after a carpenter in an adjacent store fired a 3-inch nail through the wall.
  • Arcadio Rendon won a $60,000 settlement after a nail ricocheted and hit him in the eye. He was a day laborer and said that his employer did not provide safety goggles.
  • Miguel Ramierz was shot in the face and suffered a severe head injury.
  • Jack Spreduto won a $960,000 lawsuit after a nail went into his hand causing permanent nerve damage.
  • Isidiro Lopez had six large nails shot into his head after he and another worker got entangled.

There are two types of nail guns manufactured, sequential and coil. Many people are calling for the band of the coil type which can fire multiple nails sequentially. In an article published in the Journal of the National Academy of Forensic Engineers, H.Boulter Kelsey Jr. claims that if the tools were designed differently, with a different center of gravity, many accidents could be prevented. It is believed that the "pressure to produce" and to work faster leads many companies to use the gun that is less safe.

nail gun accident

If you or a loved one has been seriously injured or killed by a nail gun due to someone else's negligence, you should contact The Farber Law Group. With our experience in construction accidents and injuries, we can investigate to ascertain whether the workplace had safety precautions in place, that operators had proper training, were not using alcohol and drugs at the time of the accident and that the tools were maintained in proper condition without safety features being overridden. Contact us today for a free case evaluation.

April 10, 2008

Construction worker wins $14.6 negligence settlement

A construction worker was awarded a $14.6 settlement after a 2002 highway construction accident resulted in the amputation of one of the woman's legs below the knee. The woman, Bobbi Jo Craver, was a construction flagger when a concrete cutter ran over her. Vermeer Central Illinois, a heavy equipment dealer, has to pay the major portion of the settlement, around $13.4 reported Trading Markets.com.

Craver's attorney, Robert Napleton, said that G.M. Sipes Construction who was Craver's employer, rigged the fuel solenoid on the concrete cutter so that the emergency stop button would not work. When a worker lost control of the concrete cutter and hit the emergency stop button, the machine continued to run, running over Craver and then going into traffic where it struck a tanker. Napleton said that this was not the first time that G.M. Sipes rigged machines to thwart their safety controls. Napleton said, "They had bypassed those things basically to keep the job moving and keep the job running."

Besides the equipment dealer, the equipment manufacturer has to pay Craver $1.2 million. Craver's employer is responsible for around $200,000 in worker's compensation payment. The accident occurred in Illinois and although the jury considered G.M. Sipes Construction company more responsible for the accident, Sipes is not required to pay damages because of Illinois law.

According to the U.S. Department of Labor Statistics, in 2006, 87 workers in Washington State were killed on the job. Every year thousands of construction workers are seriously injured and many disabled. Falls, chemical exposure, violence, burns and being hit by equipment are some of the causes of accidents.

Because workplace injuries are complicated by worker's compensation and State laws, it is wise to seek the counsel of a personal injury attorney if you or a loved one has been seriously injured in a construction accident. In addition to worker's compensation, you may be entitled to compensation for loss of limb, medical expenses, lost earnings and pain and suffering. The Farber Law Group is experienced in dealing with with worker's compensation laws and laws governing 3rd parties. Contact us today for a free case evaluation.

March 28, 2008

Letters to Seattle Post Intelligencer support HB 1873 -- Wrongful Death

In a previous blog posting, we discussed House Bill 1873 (HB1873) which would allow parents to sue for the wrongful death of an adult child due to the negligence of another. HB1873, sponsored by Tim Ormsby (D-Spokane), is currently in front of the Washington State Senate.

State Representative Brendan Williams (D-Olympia) in a column, Valuing Families in an enlightened age, says that current laws have "not caught up with the times" as many families are still significantly involved in their children's lives beyond the age of 18. He says current laws also do not take in account of parents whose disable d child might be killed through the negligence of another, thus diminishing the value of their lives. Williams believes that HB1873 not only rights wrongs, but deters them.

In a heartfelt letter to the PI, Ann Millican of Elk wrote about the 2006 death of her 19-year-old son in an industrial accident. Millican wrote that the work site lacked safety devices and had mechanical failures. Without HB 183, she is unable to "seek accountability" for her son's death through a wrongful death action. She feels that without HB1873 those young unmarried children who were killed by "gross negligence, oversights, lack of safety compliances, criminal offenses, faulty equipment manufacturers, parts and device failures, poor equipment maintenance" voices will not be heard.

In another letter to the editor, Karen Anderson of Omak, wrote about the death of her 39-year-old son who was killed at a construction site when a 2,000-pound wall fell on him. In her letter, Anderson described the devastating consequences to the entire family. She urges the Senate to pass the bill.

The letters in The Seattle Post Intelligencer are but a few of the parents speaking urging the Senate to pass HB1873. Parents feel that the HB1873 holds people whose negligence contributed to the death of their child accountable. We concur.

Washington State has a wrongful death statute, which requires the knowledge of a skilled lawyer to successfully navigate. Wrongful death cases are usually brought on behalf of the deceased by the surviving spouse, child or parent. With the help of The Farber Law Group, a Washington firm experienced and knowledgeable in handling wrongful death cases, you may be able to recover damages in a wrongful death lawsuit. Contact us today for a free case consultation.

parent and adult child wrongful death

March 27, 2008

Construction worker killed on highway project in Bremerton

The Washington Department of Labor and Industries and the Washington State Patrol is investigating the death of a construction worker who was hit and killed by a construction vehicle while working on a Highway 304 in Bremerton, Washington. The Kitsap Sun reported that Ricky C. Schaff was hit and killed by a Ford water tank trunk when it was backing up. Washington State Patrol Lt. Ken Noland said the backup alarm was sounding at the time.

Both Schaaf and the 26-year-old driver of the water tank truck were employees of Ceccanti Inc., the contractor on the project. Bremerton Mary Cary Bozeman called the accident a "tragedy."

State troopers said that the driver of the truck voluntarily submitted to a blood test but it did not seem that he was impaired at the time of the accident.

According to the U.S. Department of Labor Statistics, in 2006, 87 Washington State workers were killed on the job.

construction accident
Workplace injuries and deaths involve worker's compensation. In addition, a worker's family may be entitled to compensation from 3rd parties if it is found that negligence on their part contributed to a death or serious injury. Click here for a useful list of Construction Accident Resources.

If you or a loved one has been injured or killed as a result of a construction accident, you should retain an attorney experienced in personal injury. At The Farber Law Group, our lawyers are familiar with worker's compensation laws and laws regarding 3rd parties. While money cannot fully compensate for a serious and debilitating injury or the loss of a loved one, compensation for medical expenses, lost earnings can help insure a stable future for you and your family. Contact us today for a free case evaluation.

March 16, 2008

Construction Crane Falls, 7 Killed and 24 Injured

In an accident reminiscent of the November, 2006 accident in Bellevue, Washington, a large construction crane in New York City toppled, killing seven and injuring 24 more. In the Bellevue, Washington accident – an accident that occurred next door to the offices of The Farber Law Group – the crane toppled after it had been seen swaying in heavy winds. Only one person was killed in that accident, but it could have been much worse had it occurred during normal business hours.

The New York crane accident involved a 19-story-tall crane that toppled onto a four-story brownstone in the East Side. The six of the seven deaths were all construction worker with the seventh death a woman who was staying in an apartment in the building that was damaged. Of the 24 injured, 11 were first responders. New York City Mayor, Michael Bloomberg said that investigators are looking at for cause of the accident and that it was either “mechanical failure” or “perhaps human error.”

construction crane
In the wake of the Bellevue accident, the parents of the victim, Microsoft attorney, Matthew Ammon, filed suit against Lease Crutcher Lewis, general contract and Magnusson Klemencic Associates, an engineering firm according to The Seattle Post Intellligencer. Ammon’s parents said they filed suit because “Despite the state’s investigation and report, the companies that caused our son’s death are refusing to acknowledge their responsibility.” A trial date of March 23, 2009 is set.

If your or a loved one has been seriously injured or killed as a result of the negligence on the part of another person (wrongful death), you are entitled to compensation. At The Farber Law Group, our lawyers are familiar with laws regarding 3rd parties and construction-related injuries. While money cannot fully compensate for a serious or debilitating injury or the loss of loved one, compensation for medical expenses and lost earning can help insure a stable future for you and your family. Contact us today for a free case consultation.

February 6, 2008

Two Construction Workers Seriously Injured in Bellevue, Washington Accident

Two Bellevue, Washington construction workers were taken to Harborview Medical Center in Seattle after being struck by construction equipment. The workers were installing guy wires on 118th Av SE when the accident occurred. According to KOMO news, “The hydraulic equipment that they were using to dig the hole malfunctioned, swung around and struck two of the five workers, seriously injuring them.” Construction accidents occur far too frequently and if they are the results of negligence, the injured person should contact an attorney who is experienced in construction accidents and worker's compensation laws.

Construction accidents resulted in 87 deaths in Washington State alone in 2006 according to U.S. Department of Labor Statistics. In 13 of those 87 deaths, the workers were hit by a piece of equipment as in this Bellevue case. Worker’s compensation covers most injuries that occur at the work place. However, in the case of faulty equipment, the equipment manufacturer, installer or owner could also be liable for damages.

A worker in who has been hurt while at work should seek the counsel of a construction lawyer. Accidents like the one that happened in Bellevue can be very serious and debilitating. The cost of rehabilitation, loss of wages and the inability to work for a long period of time can have serious financial consequences to a family.

The Farber Law Group specializes in the field of construction site accidents in the Pacific Northwest. They are familiar with all areas of construction site law and can utilize their knowledge to help prove negligence or blame from third parties. Often a work place injury goes beyond the scope of worker compensation laws. They can insure that all OSHA workplace rules and regulations had been followed properly. If you or a loved one has been hurt or killed in a construction site accident, contact The Farber Law Group, a firm that specializes in personal injury claims, who can help you receive all the compensation you deserve.


January 16, 2008

Washington State Supreme Court Reverses Wrongful Death Ruling

The wrongful death of a DuPont, Washington worker recently resulted in the Washington State Supreme Court reversing on appeal the King County Superior Court’s dismissal of claims for wrongful death and negligence.

The King County worker was crushed to death when concrete blocks fell on him while he was investigating the source of a leak in subterranean pipes that burst and liquefied the soil in which he was working. The trial court dismissed the estate’s claim for wrongful death and negligence against the general contractor and the subcontractor who buried the pipes. The dismissal was based on what is known as the “completion and acceptance” doctrine, which stood for the proposition that once a design professional or contractor turned over work on a building to its owner, the design professional and contractor were exempt from liability for negligent design or faulty work.

washington state supreme court
The good news for Washington workers is that in reversing the King County Superior Court, the Supreme Court joined 37 other states and invalidated the “completion and acceptance” doctrine and held that the estate of a worker injured by improper design or faulty work on a building should be able to recover damages and that a special 6-year statute of limitations applied to lawsuits against design professionals and contractors.

If you want more information on this case or assistance with a wrongful death case, contact us at The Farber Law Group. With the help of the Farber Law Group, a Washington firm experienced and knowledgeable in handling wrongful death cases, you may be able to recover damages in a wrongful death lawsuit.