Taser Abuse Lawyers

LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law

What is a Taser?

A Taser is a type of stun gun that is commonly used by police officers in order to incapacitate a person who poses a threat of harm or physical violence. They operate by overloading the person’s nerves with an electric shock. This usually causes the assailant to fall to the ground or lose their ability to control their nerve impulses. Tasers can be shot from a distance and are classified as non-lethal or non-deadly projectile weapons. 

Over the years, the use of taser guns by police officers has become a major controversy. Although the manufacturer of taser guns claims that the weapons of taser guns is non-deadly, hundreds of deaths from taser gun abuse have been registered since 2001. These have resulted from unexpected reactions from person’s bodies, such as pre-existing high blood pressure or nerve disorders. The application of taser guns can also cause negative reactions in persons who use various medications. Also, taser guns have resulted in civilian deaths from instances of police abuse or misconduct. 

When do the Police have the Right to use a Taser?

In general, police are authorized to use deadly or lethal force in situations where their own lives or safety are in danger. For example, if a suspect is brandishing a weapon such as a gun or a bomb, the police are allowed to use weapons like guns or a taser in order to prevent further harm. Thus, the police may use taser guns in such situations, even if it is known that taser guns are highly dangerous weapons.

In response to the recent string of deaths from taser use, many police departments have issued policy statements and guidelines that teach police officers the proper use of taser guns. This is because taser technologies are relatively new, and state laws vary widely regarding their application and use.  

What constitutes taser abuse?

Since taser laws are new for most states, there is no set definition of what constitutes taser abuse. If a police officer has overstepped their authority when using a taser, it is likely that a court will consider various factors to determine whether a police officer has used excessive force. Some of these factors include:

Finally, improper use of a taser gun can create liability under negligence or recklessness laws. For example a detainee might have a medical condition such as high blood pressure that could be aggravated a taser. If the police knew of the condition and proceeded to use the taser, a judge could consider the victim’s medical condition in determining the officer’s negligence or recklessness. 

Can Ordinary Citizens use Taser Guns? 

Taser guns are not considered to be firearms according to U.S. laws. They may be legally carried without a permit in 43 of the 50 states. Taser guns are prohibited for civilian use in the following states: Hawaii, Massachusetts, Michigan, New Jersey, New York, Rhode Island, Wisconsin, and the District of Columbia. Also, individual counties and cities can choose to impose a ban on tasers. The states of Connecticut and Illinois allow the use of tasers according to certain restrictions.

Taser guns have also been used in a variety of pranks and stunts by average citizens. Such activities are highly discouraged as they could result in serious injury or even death. A person who has injured or killed someone through a taser gun prank can be subjected to various fines and even jail time according to negligence and manslaughter laws. 

Do I need a Lawyer for an incident involving Taser Gun Abuse?

Incidences of taser abuse are serious matters and deserve the attention of an attorney. If you have been seriously injured by the improper application of a taser, you should contact a lawyer for advice. State laws regarding tasers are new and may differ by jurisdiction. An attorney will be able to direct your course of action according to the applicable laws of your jurisdiction. 

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