Any Interest in an Tool Manufacturer Class Action Suit?

[riot_nrrd]

This weekend, I was building some raised beds for the wife. I needed to shift the set of boxes to the left by about 1/4 inch. Problem is, they were tied in pretty well to the ground at this point. So I went into my garage and found one of my high-end tools for applying positive pressure to various mechanical joinery fasteners, and attempted to use it to leverage the offending structure in the desired direction. It was at this point that the tool failed and managed to crush my left index finger.

Following a blistering stream of curses and invocations of various religious figures, I went into the house, washed it off, and took a look at it. Here is a picture (along with a picture of the failed equipment that caused the accident).

[ATTACH]8831[/ATTACH]

So after freaking out a bit, I wrapped it up, and went back to work. I finished the raised beds, and then went inside, showered off, and then it hit me:

Estwing had been negligent in not installing “hammer-stop” technology on my hammer! Holy @%#$(!!!

Tomorrow morning, I will be going to get the nail removed and a couple stitches. But I think that a bunch of BS, man. It’s not like it was my fault. I’m seeing lots of pain and suffering here. I mean, right now, its really tough trying to type with 9 fingers. Someone owes me some compensation for my pain and suffering, and it sure isn’t me. I had not choice but to swing that hammer; it’s not like I couldn’t have just taken more time to disassemble and move the pieces.

We all know that “hammer-stop” technology has been around for a while. Why isn’t Estwing using it? Because they care more about their “bottom line” than my well being, that’s why! It’s not that expensive to have it included on all hammers – just a large, foam pad that goes over the face of the hammer with a nail-sized hole so you can hit a nail when you need to. Sure, it makes use of the hammer a little more difficult, but my safety is the number one priority here, right?

My mother used to warn me all the time when I was a kid if it looked like I was doing something that jeopardized my safety – and you know what, I didn’t get hurt that much! Why can’t Estwing be more like my mother? A ounce of prevention is worth a pound of cure – and a pound of prevention must be, like, 16 pounds of cure, right? Well, this was a 22 ounce hammer, so lets see some cure here, huh!!?!

Have any of you had similar experiences? If so, I know a lawyer who has been working on similar lawsuits involving Iboyr tools, and he has said he is willing to take on the case on a contingency basis. He thinks we can get at least a million bucks! Each! We’ll drain Estwing dry....

... It's hammer time!

[mickyd]

Ouch. It actually looks remarkably good for the degree of nail damage. (if that makes any sense). Your probably lucky the nail split!!! Heal quickly.

[charlese]

I'm with Mike! You are lucky your nail split and allowed for pressure relief. I see you are right handed! Being a southpaw, I never could understand anyone smashing a finger on their left hand.

During the months after getting discharged from the military, I picked up a job as a roofer. After a period of apprenticing - that's hand carrying all the asphalt shingles up a ladder to the roof - I got to actually apply shingles. In those days (1955) we didn't have any of those fancy dancy air tools so hammered nails -one by one. The taught system was to hold 4 or 5 nails in one hand - feeding them between index finger and middle finger (palm up) and setting them with one swing of the hammer (actually a roofers axe) - the second blow would fix the nail. This axe has a large square, rough face making it VERY hard to miss a large headed nail.

Well - - one time I happened to place a nail in an exact place where the carpenters had left a crack between plywood roof panels. Now you can guess what happened - - I drove the nail completely down to the asphalt surface in one blow. This smashed my middle finger, opening the end of it like a squished grape and presented me with a large blood blister on the index finger. No sympathy from the boss!!! After wrapping the smashed finger with gauze and tape, finished out the day! (We were paid piece work).

The smashed finger actually didn't hurt as long as the one with the blood blister. Actually healed up faster also.

[nllaeder]

Very, very funny.

Nice work. You should post this on SMC, and maybe Lumberjocks as well.

[Gene Howe]

Count me in....

[8iowa]

Even working with hand tools can be hazardous. It's a known fact that most "on the job" Worker's Compensation claims actually are a result of an injury suffered at home.

[albie]

First of all were all safety guards in place?
If not; Who removed them?
Were they ever made available to you?
Have you read and understood the operating manual?
Was that manual provided in your native language?
To what extent were you trained in this tool?
Was that training in your native language?

What have I missed?

[joedw00]

First of all were all safety guards in place?
If not]What have I missed?[/color]

Did you have your safety glasses on?

[JPG]

I would like for all of you who voted d(all of the above) to explain to me how the person who purchased the tool is in any way responsible unless it is the same individual as in he who did it!

BTW am I the only one to give a multiple answer? Methinks most 'all of the above' responders would vote as I (all but purchaser) if they realized it was possible(I am assuming a large degree of being honestly sincere in their response).

[Gene Howe]

By the mere purchasing of said offensive item, to wit, the hammer, the purchaser has shown his careless disregard for his and other's digits.