Thursday, June 12, 2008

Shocking Court Decision in Taser Wrongful Death Case

Filed under: in the news...

Taser International has always defended the safety of its product. They have done such a good job of this that they have successfully won 40+ wrongful death cases.

In a stunning decision, however, a federal court in San Jose has found Taser International 15% responsible for the death of Robert Heston Jr. in February, 2005. He went into cardiac arrest after being tased up to 30 times according to the plaintiffs attorney. The jury decided that his death was due to "methamphetamine intoxication, an enlarged heart due to long-term drug abuse, and Taser shocks." The family was awarded $6 million in punitive and compensatory damages.

Taser's stock plummetted 12 percent as a result of the decision. Critics of the company are hopeful that Taser will begin issuing warnings about its products safety, or that police departments will be a bit more cautious in their use. However, the Salinas police chief had this to say to the Monterey Herald:

Salinas Police Chief Daniel Ortega said his department wouldn't make any major changes in its Taser use and training procedures, despite the verdict finding that Tasers can be dangerous. Ortega said he was "elated" that his department was exonerated and called his officers "heroes" in the incident. He expressed doubt about the verdict against Taser International and said he expected the company to appeal the decision.

"I have absolutely no intention of not using Tasers," Ortega said. "It's not going to change a whole lot."

Ortega said he would keep trying to purchase Taser cams, which videotape incidents when Tasers are used, and suggested that if the officers had been equipped with the Taser cams the trial never would have occurred.

Read the full story here...

(Hat tip: Engadget)

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replies: 6 comments
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I think the most important question is, why would the cops Taser him 30 times!? If he was struggling with police that may have been their best recourse. Personally I think this award is ridiculous. Tasers are a much more humane way to subdue a person than bullets, and from the court ruling it appears that the police were not at fault.


Posted by: Jason P
on June 12, 2008 08:36 AM GMT

I think the most important question is, why would the cops Taser him 30 times!? If he was struggling with police that may have been their best recourse. Personally I think this award is ridiculous. Tasers are a much more humane way to subdue a person than bullets, and from the court ruling it appears that the police were not at fault.


Posted by: Jason P
on June 12, 2008 08:37 AM GMT

I don't think anybody disputes the benefit of tasers. It's much better than the alternative (shooting). However, I think it's been clear to people for a while there is some risk, however small, that tasers can be life-threatening and I think that both police and the public should know about the risks.

A lot of the controversy has been over the company's refusal to admit any dangers to its product.

I agree with you in that I think they didn't hold the cops accountable for the very reasons you mentioned.


Posted by: jbhungry
on June 12, 2008 09:10 AM GMT

The Taser company specifically indicates on their website that "TASER devices are not risk free and may cause injuries, primarily from falls or physical exertion." The company clearly admits that there products are dangerous. In this case the person Tased had an enlarged heart from the abuse of illegal drugs. His addiction put him in frail condition which he should have considered BEFORE resisting arrest. I do not believe the Taser company should be the ones held responsible for this man's death. His own actions in resisting arrest, thereby causing the police offers to use escalating force, are to blame.


Posted by: Jason P
on June 12, 2008 02:25 PM GMT

Holy crap! Teasing a guy 30 times looks like somebody told the users of that thingy they could use it as sorts of anesthetization tool. Maybe some additional order should prevent them from even attempting to get someone unconsciously, be it by taser or otherwise else.


Posted by: wrs
on June 14, 2008 05:53 PM GMT

So many times I have read that the use of a taser has resulted in a death. This company forty plus wrongful death cases, I think there is a pattern here people.


Posted by: Ajlouny
on October 16, 2008 09:02 PM GMT

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