Deputy who claims permanent Taser injuries gets day in court
By Bo Rosser
Court TV
Updated Dec. 1, 2005, 11:43 a.m. ET
PHOENIX — A company lauded for its nonviolent approach to fighting crime will find itself on the other side of the law this week when attorneys for a former Arizona deputy open their product liability case against Taser International Inc., the stun-gun manufacturer.
Samuel Powers worked as a county deputy for 15 years before an electric burst from a Taser ended his career, according to a complaint filed at Maricopa County Superior Court.
During a mandatory training exercise on July 16, 2002, Powers received a 50,000-volt "hit" from a Taser and suffered severe, permanent damage, according to the suit.
Powers' complaint alleges that Taser International requires the weapon's users to become certified, and part of the certification process includes experiencing a Taser shock firsthand.
The jolt that 47-year-old Powers endured caused a spinal fracture so severe that he was forced into an early medical retirement, according to the complaint.
Attorneys for Powers further allege that the company maker misled users about the gun's safety and the number of serious and fatal injuries related to its use.
Powers is suing the Scottsdale-based company for an unspecified amount of compensatory and punitive damages.
Taser denies that its weapon caused any permanent damage, saying instead that any injury was due to Powers' own negligence or misuse of the gun, or was the fault of others not named in the suit.
The Taser
The original Taser was invented in 1974 by Jack Cover, a NASA scientist who worked on the Apollo moon mission.
In 1993, a two-brother team — Rick and Tom Smith — approached Cover, who had since retired, and the three began developing the prototype for the modern stun gun.
After a few hit-and-miss attempts to market the guns, the company finally hit its stride in 1998 when it created the Advanced Taser M26 — a weapon that can stop someone in seconds.
The M26 Taser, like the one used on Powers, uses compressed nitrogen to project two probes up to 21 feet. The probes, connected to the gun by insulated wire, impair the receiver's neuromuscular control so effectively a person loses control of his or her body, according to the company. After the probes have been fired, the gun can also be used in "touch" mode.
The painful shock can be applied for five to 30 seconds but allows the receiver to recover as soon as the electric current is stopped. Some people may "experience critical response amnesia and others will experience tingling sensations afterwards," according to a warning on the company's Web site.
The site goes on to say, "Some individuals have experienced athletic-type injuries and injuries from falls. Although designed to maximize safety, the Taser is not risk free and should not be used lightly."
Tasers are not considered a firearm by the Bureau of Alcohol, Tobacco and Firearms and are therefore not regulated by the federal government. However, some states have outlawed their use.
From peacekeeper to troublemaker
When the Taser first landed in deputy holsters in 1999, the gun seemed a life-saving alternative to "real" guns and is now used by more than 7,800 U.S. law enforcement agencies, according to Taser International.
But in the six years since, the company has been attacked by human rights organization Amnesty International and several publications for inadequate testing and unsubstantiated claims about safety.
Taser International has consistently promoted its guns as a nonlethal alternative to firearms. But the weapon, named for a 1911 children's story, "Tom Swift and His Electrical Rifle," doesn't seem so harmless to some.
Amnesty claimed in a 2004 study that at least 90 people have died after being "Tased" and that there is insufficient research backing the safety of the guns.
The organization is calling for a ban on Tasers until more independent studies are conducted and for stricter monitoring by agencies that choose to use them.
Taser is paying attention to its critics. The latest version of the gun will have a tiny camera that records audio and black-and-white video from the moment the gun is turned on. Although the camera adds to the hefty $800 price tag, it should allow for better monitoring.
Stock market darling
Hefty price tags are part of what made Taser International so profitable. In 2004, it was a financial analyst's dream when its stock price peaked at over $33. That has since changed. The controversy over the safety of its guns has dealt a low blow to stockholders. The price closed below $7 last week.
Taser International had several widely publicized lawsuits filed against it in 2005. The suits, like the one filed by Powers, allege the guns are not as safe as its manufacturers claim. However, the gun maker has won dismissal of five of the suits this year.
To compound matters, Taser International is being formally investigated by the Securities and Exchange Commission and said it would restate two quarters of earnings because of growing legal costs.
The trial, being held at the Maricopa County Superior Court, is slated to last three weeks and will be streamed live on Court TV Extra.
Article URL:
http://www.courttv.com/trials/taser/112805_background_ctv.html
http://www.courttv.com/trials/taser/112805_background_ctv.html
By Bo Rosser
Court TV
Updated Dec. 1, 2005, 11:43 a.m. ET
PHOENIX — A company lauded for its nonviolent approach to fighting crime will find itself on the other side of the law this week when attorneys for a former Arizona deputy open their product liability case against Taser International Inc., the stun-gun manufacturer.
Samuel Powers worked as a county deputy for 15 years before an electric burst from a Taser ended his career, according to a complaint filed at Maricopa County Superior Court.
During a mandatory training exercise on July 16, 2002, Powers received a 50,000-volt "hit" from a Taser and suffered severe, permanent damage, according to the suit.
Powers' complaint alleges that Taser International requires the weapon's users to become certified, and part of the certification process includes experiencing a Taser shock firsthand.
The jolt that 47-year-old Powers endured caused a spinal fracture so severe that he was forced into an early medical retirement, according to the complaint.
Attorneys for Powers further allege that the company maker misled users about the gun's safety and the number of serious and fatal injuries related to its use.
Powers is suing the Scottsdale-based company for an unspecified amount of compensatory and punitive damages.
Taser denies that its weapon caused any permanent damage, saying instead that any injury was due to Powers' own negligence or misuse of the gun, or was the fault of others not named in the suit.
The Taser
The original Taser was invented in 1974 by Jack Cover, a NASA scientist who worked on the Apollo moon mission.
In 1993, a two-brother team — Rick and Tom Smith — approached Cover, who had since retired, and the three began developing the prototype for the modern stun gun.
After a few hit-and-miss attempts to market the guns, the company finally hit its stride in 1998 when it created the Advanced Taser M26 — a weapon that can stop someone in seconds.
The M26 Taser, like the one used on Powers, uses compressed nitrogen to project two probes up to 21 feet. The probes, connected to the gun by insulated wire, impair the receiver's neuromuscular control so effectively a person loses control of his or her body, according to the company. After the probes have been fired, the gun can also be used in "touch" mode.
The painful shock can be applied for five to 30 seconds but allows the receiver to recover as soon as the electric current is stopped. Some people may "experience critical response amnesia and others will experience tingling sensations afterwards," according to a warning on the company's Web site.
The site goes on to say, "Some individuals have experienced athletic-type injuries and injuries from falls. Although designed to maximize safety, the Taser is not risk free and should not be used lightly."
Tasers are not considered a firearm by the Bureau of Alcohol, Tobacco and Firearms and are therefore not regulated by the federal government. However, some states have outlawed their use.
From peacekeeper to troublemaker
When the Taser first landed in deputy holsters in 1999, the gun seemed a life-saving alternative to "real" guns and is now used by more than 7,800 U.S. law enforcement agencies, according to Taser International.
But in the six years since, the company has been attacked by human rights organization Amnesty International and several publications for inadequate testing and unsubstantiated claims about safety.
Taser International has consistently promoted its guns as a nonlethal alternative to firearms. But the weapon, named for a 1911 children's story, "Tom Swift and His Electrical Rifle," doesn't seem so harmless to some.
Amnesty claimed in a 2004 study that at least 90 people have died after being "Tased" and that there is insufficient research backing the safety of the guns.
The organization is calling for a ban on Tasers until more independent studies are conducted and for stricter monitoring by agencies that choose to use them.
Taser is paying attention to its critics. The latest version of the gun will have a tiny camera that records audio and black-and-white video from the moment the gun is turned on. Although the camera adds to the hefty $800 price tag, it should allow for better monitoring.
Stock market darling
Hefty price tags are part of what made Taser International so profitable. In 2004, it was a financial analyst's dream when its stock price peaked at over $33. That has since changed. The controversy over the safety of its guns has dealt a low blow to stockholders. The price closed below $7 last week.
Taser International had several widely publicized lawsuits filed against it in 2005. The suits, like the one filed by Powers, allege the guns are not as safe as its manufacturers claim. However, the gun maker has won dismissal of five of the suits this year.
To compound matters, Taser International is being formally investigated by the Securities and Exchange Commission and said it would restate two quarters of earnings because of growing legal costs.
The trial, being held at the Maricopa County Superior Court, is slated to last three weeks and will be streamed live on Court TV Extra.
Article URL:
http://www.courttv.com/trials/taser/112805_background_ctv.html
http://www.courttv.com/trials/taser/112805_background_ctv.html