I've been injured!

You must hammer them in court for bad design.

It should at least had a "Oh that is what is for" switch latch.

I can pull a 90 lb draw weight bow on three fingers. I can hold a set of bathroom scales in my hands and squeeze to exert the same as my body weight, and I'm just a puddy tat.
Maybe it's the combined force and vibration which is the problem?
You shouldn't expect compensation, as you carried on using it whilst knowing it was hurting.
Did you read the instructions? Were you wearing gloves?
Were you holding the right end?
Del

Hi Puddy Tat

Yep, I was holding it at the right end (or was it the left)!

The typical operation of the hammer is about 20 seconds ON and a pause while you relocate the chisel followed by another 20 second go!

It's not the vibration or white knuckle and yes, gloves were on but just the incessant pulling the trigger!

When there is a job to do, injury becomes secondary to completing the task. Nonetheless, the trigger is very stiff and there is no latch.

I'm thinking that it is an intentional ploy by the manufacturer to limit prolonged use thereby reducing warranty claims.

Beej,

Don't they have duct tape in Australia? This is the sort of thing a few wraps of duct tape solves really easily......

Steve, I believe in duct tape but this is more of a velcro situation. I believe that the hole problem lies in the lack of funds to properly due the job. I'm leaning more toward a jack hammer instead of a rotary hammer. J.Conway

It's like in the court, they'll ask, "Well, if it hurt, why didn't you just stop using it?!"

Anyway, Del, the pointy end to this thread is:- is there any legislation in any country that governs this (that you or any other people with cat based avatars know of)?

Ask your grandma....maybe she can operate the hammer drill for you.

Now on the serious side. If you are not used to HARD manual labor, which by the sounds of it, your not, no matter what you think, you fall in the catagory most are at. You are exercising muscles and tendents you never used before.

And think what problems if its a hair trigger, then what.

Is there any legislation that covers this (in any country)?

Try France.

phoenix911

If you are not used to HARD manual labor, which by the sounds of it, your not,

Thanks for that Phoenix! I know my hard labour is usually finished in a day by ten in the morning but thats because it's toooooo hot for physical work on my central Queensland cattle station by then, even in winter!

Puddy tat and his bow string draw (for all of five seconds) and squeezing bathroom scales (once) are all incomparable to my problem!

Besides which, what the F in H have the French got to do with anything?

The replies to this thread have all been very unrealistic and unhelpful!

Thanks in retrospect!

Besides which, what the F in H have the French got to do with anything?

You did ask for any country, and we know how helpful the French can be at times

The replies to this thread have all been very unrealistic and unhelpful!

Last week I put up a sun sail over the deck. And I hung 2 points off the house, and 2 points off of (2)_ 2" sch 40 pipe, with 1 1/2" sch 40 on the inside....then because it looked like a good place for a large hammock but it was too light for that so I cemented 12" dia uprights x 4 feet high, The ground is clay, I rented a post hole digger to drill (2) 12" holes 6 feet down, and mixed and poured 30 bags of cement, by hand........, my hands, arms, back, legs and a$$ is still sore. never once did I consider suing. Because that post hole digger got the best of me.

I called the French to help me but they were busy. That is a joke......poor one yes but still a joke.

You question was unrealistic...that is retrospect.

But I enjoyed your post as well as the comments.

phoenix911

Hey Phoenix, I don't want to get into a pissing discussion here but it seems that nobody can read. I will state the question one more time:-

IS THERE ANY LEGISLATION IN ANY COUNTRY THAT COVERS THIS PROBLEM?

Presumably, you don't know and thats ok! I just needed somebody that can shed some light on this matter to come to the party!

And I do know what you mean about the post hole borer. I must be lucky as my 12" auger fits the tractor and I have about 10km's of fencing to maintain with it. It's all hard yaka but only flexes muscles that you normally flex. Repetitive strain on one poor old digit (because two can't fit in the trigger guard) is a different issue as I believe there is a design fault with the Rotary Hammer that is unnecessary and potentially causes injury.

That's my point that everyone seems to make a joke about.

hey beej59,

it no pissing contest for something trivial as that.

but you did state

I feel like suing the company like keyboard RSI claims!

Is there any legislation that covers this (in any country)?

And the 3 point post hole digger is nice, unfortunatly I rented a one men........must have been a dam big man who sized it.

And post #10 pretty well summed it up, from all of us.....and the humor is there, can't be helped.

Don't me it wrong,,,,,,,,I appreciate you signing in. ....and get well soon....I mean that.

take care.

phoenix911

Hi Phoenix:

Yep, not much offence taken !

If you think #10 is the best answer, give him a GA!

Tooroo for now!

Nicely put Otha and finally a GA!

My next move is to dismantle the trigger and reduce the spring pressure required to activate.

The only problem is any warranty issues!

Golden years? Industry already think I'm there! I never thought I'd make it!

Thanks again!

you may have a claim under the design and operation of plant regulations you will need to look at your states plant regulations. In Victoria it says designers and manufacturers of plant must take into account the use of the plant and where practicable design plant to minimise the risk of injuries from operation of said equipment.

Gents, I believed this forum is for engineering discussion. My answer to Beej50 is check AS, ADR or regulations to see if there are design guide lines to trigger the jack hammer. Whoever imported the any product to Australia should legally meet the minimum requirements which help to protect the consumer

I believe there should be something somewhere, but where?

I belive saftey rules require someone using a tool that has a viberation effect on the body are suspose to take a break every 30 mim or so. Because holding something like a pull switch air or electric on a viberating power tool reduces blood flow.

This would be like filing a lawsuit against the auto maker whose seat did not protect your back from the small viberations but harmful to your spine and the disk . These small constant viberations are like compaction and the lower back takes a beating.

I know one guy who got a script for a Mercedes Seat to be installed in his car and wrote it off on his taxes as a medical expense.

Mercedes seats are the best at protection of the lower back.

I suggest your wife start a business and buy workmans comp insurance then you sue her as your employer. LOL

I do not think you will get far going after the maker of the hammer, or their insurance might pay you to go away but with lawyer fees might cost you in the end a good lawyer cost $ 250.00 an hour at least.

I've put this to Mrs Beej and she wasn't impressed with you guy's!

I thought it was a great idea though! I would enjoy suing the pants off her !

Well if you have your own business and can make doing that work part of your work you could sue your self.

A lawyer in Tennessee sued his Workmans Comp Insurance for $ 200,000.00 after he hit his elbow on his desk.

He said it prevented him from doing his job well and was a source of constant pain.

He won.

THERE YOU GO! I JUST KNEW IT!

What I haven't let on to anybody yet is that the darn Rotary Hammer is Chinese! I might have to Chop Sue eeeeee!

1) you have an "over use" injury

2) if you are engaging in a new physical activity, when it hurts, you stop. Weight lifting, etc. you do at most 5 sets to extinction (preferably 3) before stopping, and resume after a day's rest. If you don't wait until the second day, you don't improve your performance, and may suffer an injury.

3) no doubt the manufacturer has found tradesmen accustomed to operating the tool don't have a problem with the 9# trigger. Are other similar tools from other manufacturers equipped with a similar trigger?

4) Caveat emptor (let the buyer beware) the manufacturer is allowed to assume the buyer knows the dangers of operating the product.

5) liability occurs in a work place, when an employee is not made aware of the hazards of equipment, or protected from them. Generally there is a training, and certification session.

6) your keyboard example, is not a defective product, but rather a positioning problem. The newer versions have instructions to position the product so as to reduce overuse injuries. These instructions emphasize, stopping and resting if the motion gets uncomfortable.

7) the manufacturer should have no liability here.

they heat motorcycle throttle and hand grips to keep hands from going numb on long runs. Hard to heat a air hammer grip ,

Trust me! The handel is hot enough!

We are having the hottest day (in winter) for over 100 years!

me-thinks you may believe that Manual Labour is a portuguese wrestler?

Just because you have the money to buy the equipement doesn't always mean you should do the work yourself.

Spend more-do less and sit on the porch enjoying a beer, watching the work get done (by professionals-who can pull 4kgs all day)

Excellent thought although, in my case, it's floored!

I've never had THAT much money!

Me thinks that it is unreasonable for ANYONE to pull 4kg force on ONE digit incessantly!

8:34 here...
'Know where they are' I like it...I expect you'll get 'em back PDQ.
Back on topic....I do agree 4kg is excessive...and I get fed up buying specialist tools and then finding they need modifying to perform the task they are supposed to do.
I think it's just a sad fact of modern life.
Even the simplest things are badlydesigned/made. We have a toilet roll holder which is loose and wobbly, the darned thing is made in two parts which screw together, a square section locates in a sqare hole to keep it all in line...except the square projection is ludicrously undersized. Now it wouldn't cost any more to make the darned thing right... so we have this fancy minimalist fitting which droops (hmmmm maybe I should quit while behind here...)
Del

This rotary hammer was probably designed in Taiwan and manufactured in USA (USA, China that is). The handle was probably designed for a smaller hand and so, this is where your problem with this hammer arises. Replace it with one designed and built in Europe, The USA (North America) Canada or even Australia.

Ever considered using a sledge hammer and chisel? They use this setup in Leavenworth Prison all the time with great success.

The handle was probably designed for a smaller hand and so,

Funny you should mentioned that, women are becoming more and more do-it your selfers here in the States, their biggest compliant is, the tools are designed for larger hands. And not for their smaller ones.

And with a 9#pull, I do not believe thats for a smaller hand,

Yeah, 9# pull is quite a bit, isn't it. I'm surprised thatt here is no trigger lock on this tool either. I'd call an attorney - that's an expensive lawyer...............

At one point trigger locks were removed because of safety issues......and then reappeared.

but erconomics is a hard case.

Again, duct tape makes a great trigger lock....

PLONKER! I take it that you have never used one then!

See #59!

Sorry, did not make it clear that I was joking... I guess I needed to add

Also you need to lighten up.. If you are really looking for advice to take to your solicitor, this is not the place to ask. Go find a engineering firm in your area that consults on legal cases.

If you are looking for a good humored discussion of the situation then come here...

Cheers Steve! I really did think you were joking. Let's face it, you had to be (on reflection) as the SOB Hammer would have run away with me!

Besides the humor (that we all like), sometimes we actually get an answer! What I find depressing is the abuse from others! Enough, I shall just ware it !

I would think going against any Chinese manufacturer might be difficult.

You might find out there are 5 different companies "authorized" by the government to produce that device under gov specs.

I do know when you buy a few raw materials, some of these can vary a bit lot to lot. The government regulates particular properties and the rest is whatever the manufacturer can get away with.

I would go ahead with your own modifications and not worry about the warranty. If you sweat on a few stickers in strange locations, they will tell you the equipment was abused and the warranty is void anyway. (ask someone who has tried a warranty repair if possible)

Make it work your way, as long as you are sure you can break it down and bring it back to life.

Sorry for being a bit negative, Good luck.

Your comment;

I bought a new Rotary Hammer from my local hardware store

Go back to the local hardware store, look and check the same model, as well as different models/brands....how big is this rotary hammer anyways.

Before I would complain, I would ask the hardware store is there something wrong.........then let then complain about it........I think that is the first course of action.....if not done already.

Hi All,

I would forego the pulling all together. Tape off the trigger as was suggested earlier, and power the rotary hammer through a foot button switched power cord. I have a few in use, they were cheap, easy to install and use, and will save your hands and fingers while still allowing control (at the stomp of a switch instead of a 9 pound pull).

As far as legislation, it seems like the tool is doing it's job, and your only claim would be that it is difficult for you to produce the necessary pressure. There isn't much legally that can be done in that situation, you would be suing to say that they designed their tool for someone stronger and forgot to label it. Pretty weak assertion IMHO.

-Mike Lynch

YOU GOT TO KIDDING...the judge will lock you up...LMFAO

Looks like all the weak Irish were sent down under by the brits

Is there any legislation that covers this (in any country)?

Yes, in much of the industrialized world actually and safety is the reason the trigger pull is so heavy. Some types of tools require a certain height of operator others a weight limitation and this and ability to pull the trigger eliminating to an extent children or others incapable of safe operation to activate the tool.

"Yes, in much of the industrialized world actually and safety is the reason the trigger pull is so heavy."

If the tool were well-designed, the high actuation force would be replaced by a relatively low sustaining force, typically by use of a toggle mechanism. This was done on 1/2" drills made in the 1950s (I have some), and maybe earlier. Del will understand the similarity to the compound bow with a high initial pull, but a lower force at full draw, allowing a hunter to hold the position while his quarry stands behind the only tree in its vicinity. A bowhunter (or target shooter) may elect to use a conventional/traditional bow, but I can see no reason for the user of a hammerdrill to follow a "purist" path. For the choice of a full-force trigger to be dictated by the manufacturer is absurd.

Thank you! Nor can I!

I'm actually thinking of making a list of all the contributors to this discussion who completely missed the point. It was never really about suing anybody but more the engineering thoughts behind the design.

Some contributors considered me a wimp, others thought that I was incapable of choosing the right tool for the job (as if I can get a tractor mounted hammer to the workplace or install explosives to the foundation of my house). Still others that think that duct tape on the trigger will cure the problem and can't think of the safety issues.

That's not to say that I don't mind a bit of humor!

Have you noticed that by comment #55, nobody has answered the question! That's fine if you don't know the answer but, if you don't, why answer?

Very typical and disappointing!

from you op

Any thoughts would be appreciated (before I contact my solicitor)!

From you last post I'm responding to.

Have you noticed that by comment #55, nobody has answered the question! That's fine if you don't know the answer but, if you don't, why answer?

Very typical and disappointing!

don't invite thoughts as from your op...thoughts are not answers.....but your still welcome here....next time remember every one herehas at least an opinion or thought on everything.....and you let the dogs out. don't blame the dogs.

I should have made the list more than once....

All true! My apologise.

It does pull my chain a bit though when told to "get a life"!

That was only from a Guest/Troll, not worth worrying about....just forget it....they nearly always have serious mental problems to my mind, hiding behind a guest logon is only the first clue......

Now you're being obtuse I answered the question asked.

If a trigger lock or easy pull on heavy duty drill and bit siezes torque can put the dummy through a wall.

Hey, Bwire, I agree with your comments!

What I think you eluded to in your previous comment is that, due to making the m/c safe, it has also rendered it unusable! Or have I miss understood?

I'm not sure. For one you should have ascertained the characteristics of the tool prior to purchase. For two hours is too long a time especially when not accustomed to the work, you will notice other pains soon after and if you continue 2 hour stints you'll recall these motions later on; be careful when using vibrating, oscillating or equipment that causes you to jerk about as your joints will let you know about these things with time.

I can only apologize for myself if that was the case......

I was not trying to upset you, just to point out that most power tools (except electric chainsaws maybe) should have a trigger lock to my mind, and I take care that there is one.....mostly drills have one, in fact I am now warned to be even more conscious of checking, though its unlikely that I will ever need to buy one again....I have several, some over 40 years old and still working (one in a vertical stand that nothing else will fit either!!)

By the way, I would have returned it and either bought one with a lock or got my money back.....by the way, did you check and see if they all had such a strong pull??? Maybe yours is defective?

Have a great day in spite of me.....(and some others!). The blog is just fine and interesting, you did good on that score.

Correct on all points. Caveat Emptor!

This is an ergonomics issue and unfortunately, while there's a significant body of academic data, there is very little in terms of regulation out there. To answer your question, as a Safety Professional, if I were to measure the force required to use that Roatary Hammer at 9#, I'd consider it excessive. Especially given the fact that you have to sustain that force to operate the tool.

Beej50,

If you have to sue your wife to get her pants off, I suggest that you have greater problems than a sore finger - just joking.

Perhaps you should have looked at a hammer from a reputable manufacturer. I have a Bosch that is equipped with a trigger lock, as well as a handle that is isolated from the body of the hammer by a rubber shock absorber. The only complaint that I have from using it is getting scraped knuckles when I get too close to a nearby obstruction, which seems to be the case always. One could suggest that the Germans engineer their implements based upon improving the work environment, whereas in China, anything more advanced than a sledge hammer and a chisel is a significant improvement.

In my experience, the sour taste of poor quality/poor engineering lasts far longer than the sweet taste of a lower price.

A Jack Hammer, and a Rotary Hammer, are two different things in my experience.

For the Jack Hammer, it is not recommended to use it continuously for more than an hour at a time. - I believe these are OSHA recommendations. I used one for three hours continuously and was really tore up for a good while afterwards.

In that case I was attempting to breakup a slab.

The larger Bosch Hammerdrill will work for smaller jobs, though its real purpose is for drilling larger diameter holes in or through concrete.

Often enough a sledgehammer and a digging bar are effective for cracking and prying out of the ground lumps of concrete.

At any rate one of the reasons you may have seen road crews engaged in jackhammering seemingly unoccupied standing around, is that they rotate so no one is at the task directly for too long.

I learned also when busting up concrete slabs, or whatnot, to start at the weakest points, which are at the edges, or say in the case of a wall, at the top for instance.

Sorry for your pain.

As far as the pound pressure required to trigger the tool, it may well be a bit excessive, though the reasoning behind that could well be to inhibit accidental activation.

Beej50, The problem here lies in your personal choice of tools for the task at hand. I believe that your choice was based on cost while knowing there were much better tools for the job but they cost substantially more. If your choice of tools were made without regards to cost what would you have chosen? My self it would have been a jack hammer mounted on a tractor or explosives. This is a classic example of a society run a muck. You have the freedom to chose and then want to hold others responsible for your poor choice. You need a label tattooed on your for head (Beware Incompetent) because you want to cause others financial harm for your personal incompetence. (Maybe this is a cat thing.) J.Conway

Dear Jerrell, Little harsh, don't you think? There are few of us that do not have some areas of "incompetence", and typically I find that whenever I get self righteous, I have reasons later to be regretful.

Beej50 may well have been using his wonder about whether or not there was somebody to "sue" rhetorically.

Don't worry! You've made it to THE LIST! See #59

Every heavy duty drill I have ever bought or used had a trigger lock. Never buy one without it.

I know, I don't want a 8oz trigger pull on my 44cal mag. 9# is a little over kill, but whats the duty cycle on the roto hammer? And at 9# pull ensures you don't exceed the duty cycle also positive disconnect when released.

I keep telling my Nephew's, "Engineer's spend allot of time and get paid Big Bucks designing products and components" every time they want to modify their cars, then come crying to me when they're broken from they're modifications.

If you really don't like the pull on the trigger, return it as defective, and move on.

I'm sure the question would come up in court, why you continued to use this product and not return it, if it is defective.

Dare I say you have probably done more damage to your fingers by way of RSI typing and replying to these messages. If your not man enough for the job get someone who is. Either way, get a life

Can you say... Trigger Lock ., Im just glad you didnt damage that all important Third Digit or mabey you would be getting sued ! LOL

There should be no legal recourse for your actions as described, but I'm sure you can find a lawyer that would be willing to argue the case.

BTW, good choice on your tag line. It fits the situation perfectly!

I am saddened that yet another person has chosen to abdicate common sense and personal responsibility. However, I am also pleased to see that we don't have a global monopoly on this kind of behavior.

Forget the lawsuit be a man and "suck it up" did you demolish the concrete? Did u accomplish your objective? Did The hammer do the job? If so you got what u paid for. Hurt is what lifes made of! '

Hi Kay

Me thinks your forty years behind the eight ball with your sentiments! In those days, living through a day at work was a mix of chance and cunning!

Today, there is legislation in place to protect the grunts in the workplace. I feel that this tool has slipped through the net!

In answer to your question, the second hammer did the job ! The first one blew the chuck to bits so, even it was showing as much pain as I did!

Suing a company for not complying with legislation WILL remove a hazard. Writing a letter of complaint that will probably be tossed in the bin will NOT!

The brave person will face the problem head on! Only a wimp will look the other way and, as you say, "suck it up"!

It's just a matter of principal (for me anyway)!

Beej50, Which way is it? You open saying you are going to sue and ask what are the thoughts of the CR4 members then when you don't like the opinions of others you state you were only kidding about suing and that no one is answering the question. Then you make an attempt to intimidate those you disagree with by stating that we have done it now, we have made it onto your list. Now it sounds as though you have decided you have no choice but to sue (its a matter of principal). I certainly hope the court & the defendant discover your post during their research. I am still of the opinion that you made a poor choice of equipment due to a lack of expertise in this field. You purchased a construction tool to do demolition work and can't accept the fact that it performs poorly doing demolition work and that any hand tool used to demolish concrete will be physically demanding. I find it very rude on your part to involve the good reputation of this site and its vast base of knowledge in doing your research for such a purpose. I'm also of the opinion that you are trying to lead the respondents into making statements that back your case. You ask for our thoughts, these are mine. J.Conway

"You purchased a construction tool to do demolition work..." While I do not know local terms, usage, or jargon for Queensland (or in Bahama, NC), "Rotary Hammer" does not cause me to think of a construction tool per se, but rather conjures up something for demolition. There is nearly always some overlap in function for tools, in any case, between preparation of site / materials, assembly / construction, or demolition of item. At the very least, this means giving the Original Poster some leeway.

"...any hand tool used to demolish concrete will be physically demanding." True enough - but Beej50 has stated in several posts that the tool itself was not the problem, only the excessive force required to operate the trigger. I cannot answer the question as to whether legislation covers this anywhere - I am not a lawyer / solicitor / [your local term here] - but I did point out that even absent such requirement, good design would have eliminated the cause of his injury.

I have long espoused the belief that anyone permitted to design a product should be required to spend some time using, and some time repairing / maintaining such items, in order to learn first-hand what is wrong with existing designs, and how those defects or deficiencies could be avoided [and what good features ought to be retained]. If the designer of this "rotary hammer" had done so, this version should never have made it to his (Beej50's) hardware store.

I have a few rotary hammers in my shop from a small Milwaukee 1/2" hammer drill up to the bigger Bosch hammers. All of these do have a trigger lock though and I don't think I have ever saw one that doesn't. I was always under the impression that these tools are made for drilling holes in concrete or maybe wallowing out an existing hole to a bigger size at best. Maybe with the bigger size and using the light chisel attachment you could manage to chip away small areas of concrete In a pinch without to much trouble. Using a rotary hammer to demolish a slab of much size is a good example of using an underpowered tool for the job IMO. I would think that most people would either give up or at least go after a bigger tool before they hurt themselves. I have used the larger air powered jack hammers and although they will do bigger jobs to me it is still painfully slow and after a little while of using them I felt like I had been beaten with a large stick. I am afraid if someone tried to sue a company for a hard trigger design most companies would show that you may have used the wrong tool for the job and the case wouldn't get too far except maybe give the lawyers with a nice little check.

Hi Pipewelder, thanks for your comments!

I hope all the other commentators will read this as I can't respond to all.

The task I intended to employ said rotary hammer for was (is) to remove a small amount of concrete in the form of a trench around my house to install a reticulation termite barrier. Most places, a sledge hammer and pry bar can be used but a few places (behind pipes or water tanks) require more surgical work.

The hammer seen in the local hardware store looked ideal and DOES do the job! It is not until you have used the tool that the hurt occurs and, in fairness, isn't excessive BUT annoying as it is unnecessary!

The suing aspect is my annoyance coming out and I feel sure that nothing would be done by a manufacturer unless somebody did do that!

I felt that I should post the discussion to get some independent views and as you can see above, they range from wimp, or be a man and suck it up, or that I have no experience with hard work and the like! These comments seemed to have no baring to the problem!

As for experience, in the early '70s I was involved with breaking up complete WW2 airfield runways but then, I was sat on a D7. RAF Graveley (Huntingdonshire), RAF Sturgate (Linc's), RAF Fulbeck (Linc's) and parts of RAF Swinderby (Linc's).

In truth, I have not got the time to worry about suing any company as life is tooooo short and other task's are waiting.

However, it is worrying that some people should advocate dangerous practices such as explosives or taping the trigger closed and also strange that some people would imagine that a trigger lock could be overlooked!

Anyway, all that said, it was an interesting discussion and now I have a better perspective of the type of views one can expect here! At least I didn't leave people hanging with their views unanswered! Thanks to all.

Now, prick me, I'm done here!

You did OK and the blog was interesting.......

Don't worry, be happy......

Though I still think you were a little harsh Jerrell I am actually more in agreement, after reviewing the Thread posts.

"Don't worry, you made it to the list." -somehow offended me.

-can't quite put my finger on why, but it did.

Did anyone notice the OP's chosen tag line?

"A common mistake people make when trying to design something completely foolproof is to underestimate the ingenuity of complete fools!" Douglas Adams 1952-2001. E&OE!"

If I'm not already on the LIST, please add me now.

"I'VE GOT BLISTERS ON ME FINGERS!!!"

I think you need to either use the trigger lock if the hammer has one or ask for a hammer that has one if it doesn't. You would be surprised how much one of those trigger locks will help eliminate this sort of pain. I get a thing called "trigger finger" as well as the usual corporal tunnel syndrome and tennis elbow from holding a welding electrode holder, large grinder or other large power tool for many hours at a time. Basically any tool that vibrates or has to be gripped tightly can cause it and once it flares up the only thing that I have found to really help other than to totally stop using the tool is steroid injections. I am not saying this is what is causing your problem and it may only be that you bruised your fingers from the impact of the hammer. If you do not routinely use a tool that causes high impact or vibrates excessively I would guess that your hand was just not used to it. If this is the case I think your hand and fingers should eventually toughen up and stop hurting so much when you use the hammer. If you can't get a hammer with a trigger lock you might be able to figure out a way to use a rubber band or string to accomplish this. Just be careful not to create an uncontrollable monster out of the hammer if you should drop it with the trigger tied down. I have seen what happens when someone plugs a grinder back in without first taking off the lock after the cord is accidentally pulled loose on grinders with the knotted wire brushes. It pretty scary to see that little grinder running around uncontrolled at sonic speeds throwing up all sorts of dust and debris and anything else that it comes into contact with (including human skin) Please be careful.

I'd say you're out of luck in any jurisdiction. Your lawyer would tell you that "days later" (or even weeks of months...depending) does not constitute a permanent injury. (By the way, proving a simple strain to soft tissue [typically slow healing] to be a repetitive motion injury (over a single, "two-hour intermittent stint" and under compunction only by yourself) would be problematic at best.

As for pain and suffering (assuming the unlikely—a judgment for negligence against Mfr) the argument previously made that you might have exacerbated your injury weighs against you. Perhaps if the "injury" to you still persisted after years (during which the "injury" caused some degree of disability (loss of use...), then there might be some merit to a claim; but the burdens of proof are going to be onerous.

Your best cause of action at this point seems to be:

1. Give time and attention for the injury to heal.
2. "Go after" the seller to accept return and refund your money. (In this regard, threat of action for injury might give you some leverage. Also, your best bet for forcing a refund it to do whatever it takes to get the tool out of your possession and into possession of the seller. [In USA, hopefully the purchase would have been on credit...then the creditor would help you get the refund.)

Finally, the solicitor must calulate his/her reward against expense and effort. Your injury must be "profitable" enough to amply reward an attorney's effort...even with a "can't lose" cause of action. A free consultation, and a very brief one at that, is likely to be the best you would get.

In closing, don't let this injustice (yes, it is that) weigh too heavily.... Save your energies for the multitudes of injustices to come as a "normal" part of life. In the courts as elsewhere, justice is something strived for, sometimes attained. Injustice is a norm, ocassionally avoided.

Hello Beej50,

What you did to get rid of the concrete you did not want, ............. is called WORK! Not used to it are you? Stick to typing it is much less strenuous;=)

To whom would you be moaning and complaining to if you took the 'cheap route' and, use a chisel and hammer and missed the chisel and broke your hand?

You're just a big girl's blouse!

The 'trigger' is designed to be difficult to turn on, to prevent children injuring themselves. Does this trigger not have a locking button? As you would get on a drill?

Take care and if I felt as bad as you sound, I would book a month in rehab which included a Gym!

No insult intended............... OK?