$6.2 Million Verdict against Taser International for Death
It was bound to happen sometime, and for those who oppose the use of Taser weapons by police, it is a major milestone that could not come soon enough. Taser International, the maker of the Taser guns used by police, have been ordered to pay a $6.2 million settlement to the estate and family of a California man who died after being repeatedly shot by police with a Taser gun. This personal injury case marks the first time that Taser has lost a product-liability lawsuit.
While this was the first personal injury case in which Taser International has been held responsible for a death, there have been many cases in which they have not. There has been much resistance to accept that the Taser guns used by police could be deadly although The American Civil Liberties Union alleges that, since 1999, at least 148 people in the United States and Canada have died after incidents in which they were shot by police with Taser guns. Amnesty International has documented over 245 deaths that occurred after the use of Tasers and the U.N. says that the use of Taser guns is torture. Amnesty International has called for a halt in the use of police Taser weapons until more safety research can be done, but despite that request, more Taser guns are issued to police officers now than ever.
Bloomberg.com reported that a jury in San Jose, California found that Taser International had failed in its duty to warn police officers in Salinas, California of the dangers and risks of cardiac arrest from prolonged exposure to the electric shock of a Taser gun. 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. Taser will, of course, appeal the verdict.
Interestingly enough, the jury cleared the Salinas police officers of any liability and placed the blame for Heston's death squarely on Taser International.
In the past, Taser has won two personal injury lawsuits brought against them. In one case of the death of a suspect in police custody, lawyers for the company claimed that the Taser guns did not cause death, but that a fictional condition they call "excited delirium" was to blame. Coincidentally, deaths due to "excited delirium" occur after being shocked by police with a Taser gun.
In another personal injury case, Taser International was cleared of liability for the injuries that a police officer sustained during a training accident. Taser International has settled at least 10 personal injury cases out of court that involved police officers who were injured during training.
In the personal injury lawsuit brought by Heston's estate, the jury did find that Heston was 85 percent responsible for his own death. This will reduce the $1 million compensatory damages that were awarded by 85 percent, but will not affect the $5.2 million in punitive damages.
Heston's parents were awarded $5 million in punitive damages and his estate was awarded $200,000. Heston died in 2005 after being repeatedly shot with a Taser gun by police who were called to his family's home. Heston's dad had called police because he said that his son was behaving strangely and was possibly using drugs. The police reportedly shot Heston with the Taser gun until he stopped moving. Heston went into cardiac arrest and died, according to the jury, as a result of being shot by the Taser gun.