Stun gun manufacturer stunned in landmark product liability claim

In 2008, Taser International, the US company that manufactures stun guns, was found partly responsible for the death of a man in Salinas, Arizona, in what has been described by the deceased family's attorney as a "landmark decision" in such a product liability claim.

A Taser stun gun uses Electro-Muscular Disruption technology (EMD) to cause neuromuscular incapacitation through involuntary stimulation of sensory and motor nerves. It is an electroshock weapon extremely effective against subjects with high pain tolerance as it does not depend on pain compliance.

The stun gun equipment is used by police forces in the US and Canada. Police trials of the law enforcement weapon are currently being carried out in the UK.

There have been many notable US deaths after Taser use and the manufacturer has successfully defended over 70 product liability claims with another 36 lawsuits pending.

In this case, however, Taser International has been judged to have been 15% responsible for the death of the Arizona man.

The crux of the case was that Taser International had not warned users, i.e. the police, that the equipment could be dangerous if used for a prolonged period on a person who had been using drugs.

The Salinas police officers were therefore exonerated and the deceased man held 85% responsible for his own death, after a coroner found that the cause of death was due to a combination of methamphetamine intoxication, an enlarged heart due to long term drug abuse, and Taser shocks.

The Salinas police testified that they had not been warned that the Tasers could be dangerous if used too often and the six person jury found that the manufacturer should have done more to warn the users of dangerous effects of over shocking. The plaintiff's attorney said this verdict was "precedent setting" in terms of product liability cases.

Taser International planned to appeal against the ruling as they had never before lost a product liability lawsuit. Company spokespeople have said they are sure this case will not affect levels of product liability claims as their success in the courtroom is well recognised.

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