Planebuilder,
You have never hit a nail a little off center and had it go flying.  I have many times when I was a formwork carpenter during college. I have even had them fly up and hit me in the face at a pretty good clip.  Luckilly the company I worked for had a 100%  safety glasses policy that they enforced so i was fine. I have also seen a day laborer with a cheap hammer split a chunk off of the head while driving a nail. None of this means I have grounds to sue the manufacturer, but they feel they must protect themselves from the possibility so they put the sticker on the hammer, and raise the price a nickel and we the consumer pay for thier risk management.

The main problem is that there are too many people who have been babied or over protected  thier entire lives and have this sense about them that they are not responsible for thier own actions.  Untill the courts start throwing out these frivalous law suits and penalizing the people who bring them up, and companies stop settling out of court because it is cheaper than litigation we will continue to have these types of problems.  


I am now going to climb down off of my soapbox.  If  I fall can I sue borax since there was no warning telling me not to climb on top of the box in the first place.