Taser Injury Lawsuit: Did Excessive Force Cause Brain Trauma? Know Your Rights

Each year, countless individuals are injured by Tasers, with a disturbing number sustaining brain trauma due to excessive force. Understanding your rights and the potential legal recourse available is crucial if you or a loved one has suffered such an injury. This blog post delves into the complexities surrounding Taser-related injuries, particularly those resulting in brain trauma, and outlines the steps you can take to protect your rights.

The Rising Concerns Over Taser Use

Tasers, also known as Conducted Energy Devices (CEDs), are designed as “less-lethal” weapons intended to temporarily incapacitate a subject. However, the reality is that Tasers can cause serious injuries and even death. [1, 6] While law enforcement agencies tout them as a safer alternative to firearms, the potential for misuse and the risk of severe harm cannot be ignored. [6, 17]

Statistics reveal a concerning trend. Axon, the manufacturer of TASERs, states that their energy weapons have been used in over 5,618,407 field deployments with a 99.75% safety rate. [13] However, numerous reports and studies contradict this claim, highlighting the dangers associated with Taser use. Amnesty International has documented over 500 deaths following the use of Tasers [1]. Reuters reported that more than 1,000 people shocked with a Taser by police died through the end of 2018 [1].

Can a Taser Cause Brain Trauma?

Yes, a Taser can cause brain trauma through several mechanisms. [7, 8] The electrical shock itself can disrupt brain function, leading to loss of consciousness, seizures, and abnormal brain activity. [7, 8, 23] A study by Drexel University and Arizona State University revealed that a Taser shock could impair a person’s ability to remember and process information, with some participants showing short-term cognitive declines comparable to dementia [2].

Furthermore, the sudden muscle contractions caused by a Taser can lead to falls and head injuries, resulting in traumatic brain injury (TBI). [4, 5, 8] In some cases, the Taser-induced cardiac arrest can lead to oxygen deprivation in the brain, causing permanent brain damage [1, 19].

Excessive Force and Taser Use

The legality of Taser use hinges on whether the force employed was reasonable under the circumstances. Police officers are permitted to use a certain degree of force when apprehending a suspect, but that force must be proportionate to the situation [5]. Excessive force occurs when an officer uses more force than necessary, such as deploying a Taser against a non-violent or compliant individual [5].

Several factors are considered when determining whether excessive force was used:

Severity of the crime: Was the suspect accused of a minor offense or a serious felony? [27]
Threat level: Did the suspect pose an immediate threat to the safety of officers or others? [27]
Resistance: Was the suspect actively resisting arrest or attempting to flee? [27]

Using a Taser on someone who is already restrained, compliant, or not posing an immediate threat may be considered excessive force [32, 35]. Similarly, prolonged or repeated Taser shocks can also constitute excessive force [1, 24, 31].

Understanding Your Legal Rights

If you believe you or a loved one has been injured due to excessive Taser use, it’s essential to understand your legal rights. You may have grounds to file a Taser injury lawsuit against the responsible parties, including the police officer, the police department, and/or the municipality [5, 8].

A Taser lawsuit can be based on several legal theories:

Excessive Force (42 U.S. Code § 1983): This federal law allows individuals to sue government officials for violating their constitutional rights, including the right to be free from excessive force [27].
Negligence: This claim alleges that the officer acted carelessly or recklessly in using the Taser, resulting in injury [7].
Assault and Battery: This claim asserts that the officer intentionally used unlawful force against you [7].
Product Liability: If the Taser malfunctioned or was defectively designed, you may have a claim against the manufacturer [5].

Building a Strong Case

To succeed in a Taser injury lawsuit, you must prove that the officer’s actions were unlawful and that the Taser caused your injuries [7]. Gathering evidence is crucial to building a strong case. This evidence may include:

Medical records: Documenting the extent of your injuries, including any brain trauma [8].
Witness statements: Testimony from individuals who witnessed the incident [23].
Video footage: Dashcam footage, body camera footage, or bystander videos can provide crucial evidence of the Taser deployment [23].
Police reports: Official records of the incident [25].
Expert testimony: Medical experts can testify about the cause and extent of your injuries, while police practices experts can opine on whether the officer’s use of force was reasonable [27].

Seeking Legal Representation

Navigating the legal complexities of a Taser injury lawsuit can be challenging. It’s highly recommended to seek legal representation from an experienced personal injury attorney specializing in police brutality cases [8, 23, 27]. An attorney can:

Investigate your claim: Gather evidence and assess the strength of your case [27].
Negotiate with the opposing party: Attempt to reach a fair settlement [34, 36].
File a lawsuit: If a settlement cannot be reached, your attorney can file a lawsuit and represent you in court [5, 8].
Protect your rights: Ensure your rights are protected throughout the legal process [8].

Taser Policies and Guidelines

Law enforcement agencies typically have policies and guidelines governing Taser use [10, 12, 28, 37]. These policies often dictate when a Taser can be deployed, where on the body it can be targeted, and how many times a subject can be shocked [10, 12, 28]. Violations of these policies can strengthen a claim of excessive force [8].

For example, many policies discourage targeting the head, neck, or groin area due to the increased risk of serious injury [10]. Some policies also limit the duration of Taser shocks to a maximum of 5-15 seconds [1]. It’s important to obtain and review the relevant police department’s Taser policy to determine if any violations occurred in your case.

Alternatives to Tasers

The ongoing debate about Taser safety has led to the exploration of alternative methods for law enforcement to subdue suspects. Some potential alternatives include:

BolaWrap: This device uses a Kevlar cord to wrap around a subject, restricting their movement without causing pain [38].
Pepper Spray: While also controversial, pepper spray can be an effective tool for de-escalation [40, 41].
De-escalation Techniques: Training officers in communication and conflict resolution skills can help reduce the need for force [2].

Conclusion

If you or a loved one has suffered brain trauma or other injuries due to excessive Taser use, it’s crucial to understand your rights and explore your legal options. A Taser injury lawsuit can provide you with the compensation you deserve for your medical expenses, lost income, pain and suffering, and other damages [7, 8]. Contacting an experienced personal injury attorney is the first step toward seeking justice and holding the responsible parties accountable.