$2,862,600 Jury Verdict: Union Carpenter Hurt When a Nail Gun Failed on a Ladder

$2,862,600 jury verdict, Manhattan, November 2025. Construction Accident | Labor Law § 241(6) | Nail Gun | Jury Verdict | Post-trial motions pending

What happened

Our client, a union carpenter, was on a ladder at a Manhattan office build-out, fastening track to the ceiling with a Hilti nail gun. The nail gun misfired. When he fired it again, it made an unusual sound and kicked back, jolting his body on the ladder.

The injuries

He suffered a lumbar disc herniation and needed back surgery. He never returned to his trade as a union carpenter. About two years after the accident he went back to work full time in a less physically demanding role.

The law that made the difference

New York Labor Law § 241(6) makes building owners and general contractors responsible when Industrial Code safety rules are broken on their site. That holds even when the faulty equipment belongs to the worker's employer. By trial, the case came down to one rule, 12 NYCRR 23-1.5(c)(3): equipment in use must be kept sound and operable, and repaired or removed if damaged.

Want to understand how these protections work? Read our guide to New York Labor Law 200, 240(1) and 241(6).

What we were up against

• No witnesses and no accident report. Two coworkers testified for the defense that they knew of no accident and that the tools were well maintained.
• "Physically impossible." A defense mechanical engineer testified that the nail gun could not have produced the force our client described.
• Degeneration, not trauma. Defense doctors said the herniation and surgery came from degenerative disease after years of construction work, not from the accident.
• No notice. The owner and general contractor argued they were never on site and never inspected the tools.
• Nine defense experts. The defense disclosed nine experts. We called two: our client's treating orthopedic surgeon and an economist.
• A $0 offer. The insurance company's offer was $0.

The verdict

After a six-day trial and about a day of deliberations, the jury awarded $2,862,600.

Status: The defendants have moved to set aside the verdict under CPLR 4401 and 4404. Those motions have not been decided, and the amount may change.

Why this matters if you were hurt on a job site

Insurance companies set their offers based on whether they think your lawyer will actually go to trial. When the company says the accident never happened, the answer is to prove it in front of a jury.

Hurt on a construction site in New York? Learn more about New York City construction accident claims, read about our $2.75 million Labor Law § 241(6) trench collapse case, or see the case result.

Attorney Advertising. Prior results do not guarantee a similar outcome. This page describes a past matter for general information and is not legal advice.