Taser Loses 1st Product-Liability Suit; Jury Awards $6 Million

[jody]

Taser Loses 1st Product-Liability Suit; Jury Awards $6 Million

June 7 (Bloomberg) -- Taser International Inc., the largest stun-gun maker, lost a $6.2 million jury verdict over the death of a California man who died after police shot him multiple times with the weapon. The defeat is the first for Taser in a product- liability claim.

A San Jose, California, jury yesterday said Taser had failed to warn police in Salinas, California, that prolonged exposure to electric shock from the device could cause a risk of cardiac arrest. The jury awarded $1 million in compensatory damages and $5.2 million in punitive damages to the estate of Robert Heston, 40, and his parents. The jury cleared the police officers of any liability.

* * * * * * * * * * * *

``I think Taser's going to have to rethink its litigation strategy and its warning policies,'' Burton said. The jury awarded $5 million in punitive damages to Heston's parents and $200,000 in punitives to his estate.

* * * * * * * * * * * *

His parents sued Taser, alleging failure to warn of the dangers of the weapon, and Salinas police officers, claiming excessive force. The jury ``exonerated the police because they said the police didn't know repeated exposures could kill someone,'' Burton said.

Related DU thread "Judge rules for Taser in cause-of-death decisions" More on a current significant case re LEO arms.’ (May-06-08) in which I said:

"Tasers have been tested only on healthy test subjects, never on unhealthy subjects like pregnant women and people with heart conditions.

IMO it's just a matter of time before Taser Intl. loses a big case followed by a flood of civil law suits that force it close to bankruptcy."

Related DU thread X-post -- OK, DUers, I still support LEO use of tasers as a choice between traditional tools like (Dec-02-07)

[Poll_Blind]

1. K&R! BIG K&R!

PB

[indepat]

17. Repeat: K&R! BIG K&R!

[krispos42]

2. It was never tested on pregnant women?

Gee, I wonder why. "Hey, lady, can I shove 50,000 volts though your fetus' developing brain stem? It's for science!"

Sorry, that just struck me as a "Duh!" statement to make.


It's obvious we need to develop hand phasers. Set to "medium stun" and let the good times roll.

[jody]

4. LEO have used tasers on pregnant women. I made my statement within that historical context. n/t

[krispos42]

5. Oh, no doubt

There are bound to be women that don't look preggers that get the zap. I'm just thinking of replacing LaToya Jackson with some poor uncomfortable woman about to pop!

:-)

http://www.youtube.com/watch?v=UncMrAt5gE4

[chill_wind]

3. GOOD!!! K&R. n/t

[Fireweed247]

6. Bravo!

:applause:

Money is the only thing that is going to stop these bastards.

[Fire_Medic_Dave]

7. Since when are pregnant women unhealthy.

Just found that statement curious. But to the point, don't you think Taser International will just put out a warning to everyone not to use the device repeatedly. That should cover the company then place all the liability on the cops. Taser International will either appeal or declare bankruptcy then reorganize and come back as a different company and then they'll make sure they warn officers not use them repeatedly on one subject. My guess if Taser International pays out this claim then it will be the only one they pay out. Next time they'll shift the liability to the cities and counties that, by and large, have legal protection from lawsuits.


David

[lynnertic]

15. agreed 'unhealthy' is an improper description but surely you know

that a woman's health is tenuous in a pregnancy and can quickly go south, or she could lose her child in an unpredictable way.

Imagine spending whatever thousands of dollars in fertility procedures and then...

[iverglas]

16. insurance company lingo would work

"Pre-existing condition". ;)

[Fire_Medic_Dave]

30. If he had said pregnant women who's health may be at risk, I wouldn't have opened my mouth.

Some pregnant women are unhealthy, sometimes directly from the pregnancy.

David

[jody]

18. My inclusion of pregnant women in the group unhealthy was inappropriate but on the other hand their

physical condition is certainly other than a "healthy woman".

IMO a woman with an organism growing inside her as in the case of a fetus should not be the target of a taser.

If Taser Intl. now introduces statements warning about using tasers on certain people, then the demand for their product will go way down because it will be difficult for LEO to determine a priori whether a suspect is physically qualified to be tasered as described in Taser Intl.'s own release form below.

Volunteer Warnings, Risks, Liability Release and Covenant Not to Sue by "TASER INTERNATIONAL saving lives every day"

Avoid Known Pre-Existing Injury Areas. When practical, avoid deploying a TASER device at a known location of pre-existing injury (e.g., avoid targeting the back for persons with known pre-existing back injuries, avoid targeting the chest area on persons with a known history of previous heart attacks, etc.). These injuries may be provoked by such deployment.

* * * * * * * * * * * *

Deployment Health Risks
Continuous Exposure Risks. When practical, avoid prolonged or continuous exposure(s) to the TASER device's electrical discharge. In some circumstances, in susceptible people, it is conceivable that the stress and exertion of extensive repeated, prolonged, or continuous application(s) of the TASER device may contribute to cumulative exhaustion, stress, and associated medical risk(s).

Other Conditions. Unrelated to TASER exposure, conditions such as excited delirium, severe exhaustion, drug intoxication or chronic drug abuse, and/or over-exertion from physical struggle may result in serious injury or death.

Breathing Impairment. Extended or repeated TASER device exposures should be avoided where practical. Although existing studies on conscious human volunteers indicate subjects continue to breathe during extended TASER device applications, it is conceivable that the muscle contractions may impair a subject's ability to breathe. In tests conducted on anesthetized pigs repeated TASER device applications did cause cessation of breathing during TASER device discharges, although it is unclear what impact the anesthesia or other factors may have had on the test results. Accordingly, it is advisable to use expedient physical restraint in conjunction with the TASER device to minimize the overall duration of stress, exertion, and potential breathing impairment particularly on individuals exhibiting symptoms of excited delirium and/or exhaustion. However, it should be noted that certain subjects in a state of excited delirium may exhibit superhuman strength and despite efforts for expedient restraint, these subjects sometimes cannot be restrained without a significant and profound struggle.

Vagal Response. Some individuals may experience an exaggerated response to a TASER device exposure, or threatened TASER device exposure, which may result in a person fainting.

Permanent Vision Loss. If a TASER probe becomes embedded in an eye, it could result in permanent loss of vision.

Seizure Risks. Repetitive stimuli such as flashing lights or electrical stimuli can induce seizures in some individuals. This risk is heightened if electrical stimuli or current passes through the head region.

* * * * * * * * * * * *

HEALTH RISKS
Response to Exposure. The TASER device can cause temporary discomfort, pain, stress, and panic, which may be injurious to some people.

Muscle Contraction-Related Risks. The TASER device can cause strong muscle contractions that may result in physical exertion or athletic type injuries. In certain instances this may be serious for some people, such as those with pre-existing conditions and/or special susceptibilities. This may also occur in instances where a person has an unusual and/or unanticipated response to the TASER device deployment and/or discharge.

Secondary Injury Risks. TASER-induced strong muscle contractions usually render a subject temporarily unable to control his or her psychomotor movements. This may result in secondary injuries such as those due to falls. This loss of control, or inability to catch oneself, can in special circumstances increase the risk(s) of serious injury or death. Persons who are physically infirm or pregnant are among those who may be at higher risk. Also, persons who could fall on a sharp object (such as persons holding a knife or other edged weapon) or suffer impact injuries to their head or other sensitive area in a fall could also be at a higher risk. Other persons at higher risk include: those located on elevated or unstable platforms (e.g., trees, roofs, ladders, ledges, cranes, loading docks), operating a vehicle or machinery, or those who are running. Persons located in water may drown if their ability to move is restricted.

Strain Injury Risks. It is possible that the injury types may include, but are not limited to, strain-type injuries such as hernias, ruptures, dislocations, tears, or other injuries to soft tissue, organs, muscles, tendons, ligaments, nerves, and joints. Fractures to bones, including vertebrae, may occur. These injuries may be more likely to occur in people with pre-existing injuries or conditions such as pregnancy, osteoporosis, osteopenia, spinal injuries, diverticulitis, or in persons having previous muscle, disc, ligament, joint, or tendon damage. It is believed that the risk of these injuries is comparable to or less than the risk(s) from vigorous physical exertion, such as weight training, wrestling, or other intense athletic endeavors.

Scarring. Use of a TASER device, especially in drive (or touch) stun mode, can cause marks, friction abrasions, and/or scarring that may be permanent depending on individual susceptibilities or circumstances surrounding TASER device use and exposure.
Laser Beam Eye Damage. The TASER device incorporates a laser aiming aid. Laser beams can cause eye damage. Avoid intentionally aiming at the eye(s) of a person or animal.

[Fire_Medic_Dave]

31. Never any argument there.

Pregnancy affects different women in a wide variety of ways. Unless the pregnancy causes a condition like diabetes, pre-eclampsia, etc. then there is no reason to consider pregnant women anything other than healthy and pregnant. Having said that they shouldn't use Tasers on pregnant women especially if they are far enough along to be obvious. I like the waiver though. They shouldn't use one on me on about 10 different counts. Maybe I can get that tattooed somewhere obvious so they won't use one on me.


David

[LiberalFighter]

8. So now the company will make sure to inform the purchaser of the dangers.

Then the law enforcement officers will be liable for their actions.

What was the method used to restrain resisters before tasers? How many died then vs with tasers?

[AtheistCrusader]

10. Pretty much a beatdown

and then sat on you till you complied. That kills people too.

I can certainly think of some over-use of tasers in recent memory. I don't know that I would blame the manufacturer. Some officers tend to over-use certain tools. There are city ordinances here in Seattle limiting the number of D-Cell's in officer's flashlights, so they wouldn't beat people to death as much. Likewise, if you're up to your elbow down some guys neck hosing him inside-out with pepper spray, he could die. Anything, even over-application of a patent leather shoe can kill someone.

Probably would be good to see the manufacturer back off on some of it's non-lethal claims, and clearly stipulate recommendations for repeated exposure. A taser is not compliance candy to be administered in any dosage, to any person, over and over and over until the suspect puts the handcuffs on him/herself. At some point they are still going to have to get their hands dirty, get in there, and restrain the person.

Most cops are inherently good in my opinion. But just one or two instances of excessive force raises way too many concerns. Victims AND suspects rely on fair treatment by police officers for their survival.

[LiberalFighter]

12. They need standards/procedures in place as to when tasers

should and should not be used. And be followed.

Human nature is to take the easy path.

[maxidivine]

19. I think they are a fairly positive thing

They add one more compliance tool to the officers belts, which is a good thing. however, the reason people may be tased repeatedly is because the tool does not incapacitate the target for longer than the electric current is applied. Most people would probably not be in the mood to get up and duke it out with an officer after being electrocuted, but that does not mean it is impossible for people to get back up and continue their hostilities once the current is out of play. they are really meant to give the officers a few seconds to get the subject into cuffs while they are dazed and on the ground.

[LiberalFighter]

20. The problem though that PO probably do not utilize the tool at the time it should be considered.

Rather they utilize as the first choice.

Do these officers have backup or partners? If they have backup or a partner then why aren't they in position to restrain the person when the taser is off. Or provide the additional assistance needed.

I believe that today's PO are not properly trained to handle the situations. They want to take the easy way out.

[maxidivine]

21. Well, not justifying, but tasers

Are single shot, I don't think the officers are using the same taser to zap someone repeatedly. They work by firing a pair of small barbs with wire leads at the target, the barbs and propulsion are a single unit that is removed and replaced to reload. I am not sure if they can apply a current again using the same leads, or if the entire process must be repeated, but I get the impression that it cannot be repeated without replacing the cartridge.

For the most part I feel our officers are doing a fantastic job, and I feel that in most situations the tasers or similiar non or less lethal devices provide a useful tool to help prevent injuries to both the officers and the individual they are attempting to contain. I would personally rather be zapped with a taser than be beaten into submission, there is a much much lower risk of serious injury that way.

[AtheistCrusader]

22. As long as the probes remain attached...

And the battery holds out, you can keep re-applying the shock to the suspect. You can find a few examples of this on youtube.

[maxidivine]

23. OK, Thanks! nt

[LiberalFighter]

24. Why even be beaten if the officer(s) are trained to talk to them.

That is the first action an officer should attempt.

Maybe your officers are fine but that doesn't mean others take the appropriate action. But there are too many out there that are not taking the appropriate action because they don't care, are too lazy, or are just plain incompetent.

[maxidivine]

25. Come on now, they don't just light people up

right and left, if they are using methods like tasers or batons then the individual they are restraining or taking into custody for whatever reason obviously wasn't responding to verbal commands and was acting violent. And yes, the officers in my area are very courteous and professional, and their response time for a non-emergency call during daytime was very good.

[Heywood J]

29. Watch "Disorderly Conduct" sometime.

They light people up at traffic stops for not producing the license quick enough.

[maxidivine]

38. What is "disorderly conduct"? And that is horrifying!

is it a show where they follow around officers, or do they just take footage from dashcams?

[iverglas]

26. there are many things that can be done

In the recent incident at Vancouver airport in which a man who had just arrived in Canada to join his elderly mother was killed by police with Tasers, what they needed was an interpreter. Something one might have thought would be available at an international airport.

Tasers are meant to be non-lethal alternatives ... to lethal means, obviously. Not to getting a scraped knuckle. A Taser was, supposedly, never meant to be used in a situation in which a firearm, or some other form of extreme force (I dunno, a 2x4 upside the head), would not otherwise have been used.

Instead, it is obviously being used by lazy police / police annoyed that their authority is not being respected.

(And no, this statement is not inconsistent with my rejection of the claim that the police don't care about any of us so we all need gunz.)

Investigations are currently being conducted into the use of Tasers in Canada, by a two-stage commission of inquiry in British Columbia and by a committee of the House of Commons.

[AtheistCrusader]

27. Here's a couple youtube examples of what Iverglas is referring to.

http://www.youtube.com/watch?v=KWaCD6jIH5Q
No credible effort was made to restrain this woman. She is obviously distraught, probably drunk, and her hands are already bound. Note she whacks her head on the chair on the way down.

http://www.youtube.com/watch?v=tb1FWt81lS4&NR=1
Might call this one 'negative feedback'.

http://www.youtube.com/watch?v=KMpEr-MOSyk&feature=related
Holy shit.

http://www.youtube.com/watch?v=VMl4u1E2_bY&feature=related
Seems like there's a better camera angle of this somewhere.

[iverglas]

28. CBC TV report of the Vancouver airport incident

http://www.youtube.com/watch?v=Y_0xAwIlNS8

10 hours in the airport while his elderly mother waited for him, was not allowed to communicate with him, and was told he had never arrived; 10 hours and still not an interpreter. And four mounties unable to deal with him without killing him with a Taser.

I have no doubt they didn't have the slightest idea that there was a remote chance he would die, and that outcome is on the head of the manufacturer and the authorities that put the device into use. There was still no justification for using the Taser whatsoever.

[bossy22]

33. they overreact

police these days overreact to almost anything. 40 years ago a warrant would be served with a few officers armed with only service revolvers- now it is served with a full SWAT team

"(And no, this statement is not inconsistent with my rejection of the claim that the police don't care about any of us so we all need gunz.)"
you can reject it all you want- that doesnt make it not true. I deal with my local PD every day (they are a major department btw)- atleast 5-6 times a day. They truly most of the time can't really give a sh*t- its apathy- just like 90% of the people who go to work everyday. And these officers are not your "angry underpaid NYPD officers" These are police officers that make a base salary of over $100,000 a year- and close to $150,000 a year with overtime. And this is just for a regular beat cop...when you make Sargent....whoa... close to $200,000 a year base...and sometimes with OT you can make close to $400,000. It doesnt matter, they are apathetic to their job- they have seen this stuff day in and day out and it gets old

its a systematic error that cannot be fixed with any amount of whining and screaming or political pressure....it will always be there- and if you don't think its there, well then you aren't looking hard enough

P.S. our police officers are rated one of the higest in the nation for law enforcement job satisfaction- That should tell you something

[maxidivine]

39. What department is that?

I want in!

[Fire_Medic_Dave]

34. Technically Less Lethal

Probably initially called non-lethal though till someone died.


David

[jody]

36. I agree re "Technically Less Lethal" but is it possible that some LEO believe they are "non-lethal"

leading them to be careless when using them on some subjects?

[maxidivine]

40. I think the non-to-less lethal switch happened

probably because of rubber buck and slugs, beanbags, and rubber bullets, the terminologists that be most likely realized it was not a great idea to call their tools non-lethal when they are clearly capable of killing through blunt force trauma.

[Fire_Medic_Dave]

41. You are correct.

When Tasers were initially marketed they were marketed as non-lethal despite the change in the terminology about the other devices.

David

[bossy22]

32. today's

PO are usually better trained then ever- but that doesnt mean they are actually competent at their job

its impossible for any human being to be competent at that sort of job

[jody]

37. Agree 100% and particularly under extremely adverse conditions. n/t

[pop goes the weasel]

9. time for new experiments!

The Taser CEO and legal staff should all be bound then repeatedly and multiply tased while commanded to stand up and put their hands on their heads. The tasing must continue until they comply.

I look forward to the video.

[LiberalFighter]

13. They test it on police officers. How about on the city officials that approve the use of tasers?

Mayors/City executives and City Council members.

Make it a requirement that they must experience a taser before they can vote on having their police use it.

[Fire_Medic_Dave]

35. Probably not voted on most places.

As long as the State approves it's use, the police departments probably just buy them.

David

[ladjf]

11. Good. I hope many other awards will follow this one.

[jody]

14. Links below to two more DU threads pertinent to the taser issue

“Tough questions for executive” from Taser International (Jan-19-08)

Chicago study calls Taser's safety claims into question (TASER INTERNATIONAL saving lives every day) (Feb-02-08)

[iverglas]

42. RCMP watchdog abruptly delays release of final Taser report

http://www.cbc.ca/canada/story/2008/06/12/taser-report.html

Last Updated: Thursday, June 12, 2008 | 11:46 AM
CBC News

Hours before the scheduled release of a highly anticipated final report on the use of stun guns by Mounties, the RCMP complaints commission abruptly cancelled the Thursday event.

Spokesman Nelson Kalil said the report by RCMP complaints commissioner Paul Kennedy will be released next Wednesday instead, at the request of Public Safety Minister Stockwell Day. He did not specify a reason.

... Last December, the RCMP watchdog released an interim report calling for the force to curb its use of Tasers, saying the weapons were increasingly being used to subdue resistant people rather than those who pose a threat, including people who were "clearly non-combative."

It also recommended an overhaul of Taser training, stricter reporting requirements and more research on the devices.

The final report was expected to detail specific conditions and restrictions on the Mounties' use of Taser guns, said CBC's investigative reporter David McKie.

For those interested, check back to the CBC site next week.

This is one of several investigations / inquiries into Taser currently running in Canada: there is a commission of inquiry in British Columbia and a Parliamentary committee is also investigating.