Taser Injury and Wrongful Death Lawsuits on the Rise


February 08, 2013

Police officers increasingly have turned to less lethal options in enforcing the law. Although a Taser is intended to be less fatal, lawsuits arising out of serious injuries and fatalities caused by police and private security use of Tasers is on the rise across the nation.

Despite the fact that Tasers kill fewer people than guns, Tasers can still have a life-altering impact.

The fifty-thousand volt electrical charge inflicted by a Taser once the prongs are implanted into your skin can be extremely dangerous, particularly in the case of multiple or extended shocks. Even law enforcement agencies are beginning to concede that Tasers are used too frequently. Amnesty International reports that over 500 people in the U.S. have been killed by Tasers since 2001. While you may have a right to pursue a legal claim if you suffer injury caused by a Taser, you should immediately consult with an Atlanta Taser injury and wrongful death attorney. Relevant considerations in Taser injury lawsuits include:

Law enforcement & Public Entity Immunity: Police officers may have qualified immunity for harm and injury caused while they are on the job, depending on the facts of the case. Further, the law enforcement entity and/or state or county may have some form of sovereign immunity. Special legal provisions are applicable to claims against a government entity, which includes the need to comply with shorter legal time deadlines and notice requirements.

Product Liability Issues: The manufacturer of a Taser may be liable for injuries or wrongful death caused by the device if it is defectively designed or manufactured. The maker of the Taser also may be financially responsible if the Taser company does not provide sufficient warnings regarding potential hazards.

There is a growing body of evidence supporting the view that Tasers are unreasonably dangerous. A study conducted at the Indiana University School of Medicine found that 7 out of 8 people Tased by police who lost consciousness experienced cardiac arrest and died. The study has been criticized by the advocates of Taser use because the author testified as an expert witness in all eight cases and received a rate of $1,200 per hour for his work.

The risk of cardiac incident caused by the electrical shock from Tasers is not the only hazard that poses the risk of serious injury. In another fatal Taser accident, a dart probe shot from the Taser struck a suspect in the head and penetrated the man’s skull and inflicted damage to his frontal lobe.

Our Georgia personal injury lawyers at Montlick and Associates are available to provide effective legal representation to clients throughout all of Georgia and the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.