An upstate deputy sheriff who was injured when he agreed to be stunned with a Taser during a training exercise cannot sustain a “duty-to-warn” action against the manufacturer, a Northern District judge has held.
Records show that the Oswego County Sheriff’s Department requires officers who want to carry an “electronic control device” to experience what it is like to be stunned by it. Sheriff’s Deputy Jeff Kandt contends he suffered vertebral compression fractures, burns and short-term memory loss after he was stunned. He then sued Taser International for strict liability on a common law failure-to-warn theory.
Northern District Judge Neil McCurn (See Profile) noted in Kandt v. Taser International, Inc., that Kandt had signed a waiver making clear that “fractures to bone, including vertebrae, may occur,” and concluded that “Taser’s warning is adequate as a matter of law.”