Failure-to-warn.

Sherriff's deputy Kandt suffered vertebral compression fractures, permanent burns and short-term memory loss in 2007 while training in the use of Taser International Inc.'s model X26 electronic control device. The sergeant conducting the training used Taser's copyrighted materials. A paragraph entitled "Strain Injury Risks" in a signed release form warned that "fractures to bones, including vertebrae, may occur." Proceeding only on Kandt's failure-to-warn claim, the court, which limited its analysis to the adequacy of Taser's warning of the risk of compression fractures, granted Taser summary judgment. Noting the three requirements for a failure-to-warn claim as articulated by Donald v. Shinn Fu Co. of America, the court deemed Taser's clear, unambiguous warning adequate as a matter of law. Evaluating the adequacy of Taser's warning against the high risk of vertebral fractures, the court found that, on its face, the warning clearly identified the risk of vertebral fractures and was sufficiently forceful to convey that risk. The warning unequivocally stated there was a risk of vertebral fractures, which injury may be more likely to occur in persons with certain pre-existing injuries or conditions.

Case Law Alert - 1st Quarter 2013