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Taser Defective Safety Can Make Weapon Misfire, Says Class Action

Plaintiff Douglas Richey was carrying his Taser in a neoprene case in his jacket pocket, the complaint for this class action says, with the safety switch in the “safe” position. But as he got out of his car, it says, he heard a muffled pop and smelled gunpowder. He looked down to see the Taser’s electric barbs sticking out of his jacket. The complaint claims that the weapon has a defect that permits it to slip into the “armed” mode too easily, and that it can also be fired with very little pressure on the trigger.

Three classes have been proposed for this action.

  • The Nationwide Class is all persons and entities in the US who bought or owned a Pulse, X2, or X26P model CEW made by Taser, not for resale, between June 25, 2014 and the present.
  • The California Subclass is all persons from the Nationwide Class in the state of California.
  • The California Consumer Subclass is all members of the California Subclass who bought or acquired the CEW for personal, family, or household use.

The Taser is known as a conducted electrical weapon, or CEW. The models at issue in this case are the Pulse, the X2, and the X26P.

Richey’s Pulse has a yellow safety switch shaped like a long, narrow triangle that is supposedly in safe mode when it’s in the down position and armed when it’s in the up position. However, an investigation by Canada’s Defense Research and Development (DRD) agency that found that the weapon can enter the armed mode when the safety is moved upwards only about 40% of the distance to the armed position. The complaint quotes the report as saying that the lever “could accidentally be moved if an object is inadvertently brushed-up against the side of the weapon” which might lead to “accidental arming or disarming” of the weapon.

When Richey’s Taser misfired on January 18, 2017, he contacted Jordan Holle, a Taser representative he’d dealt with before and told him about the incident. According to the complaint, Holle responded on January 26, saying that “our engineers are currently aware of the safety switch activation [issue] and are working on a solution.”

The complaint claims that the company has not recalled or offered fixes for the Tasers that are already in use by consumers and that the user manuals do not provide adequate warnings either.

The complaint claims breaches of warranties and fraudulent omission, among other things.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Taser Defective Safety Can Make Weapon Misfire, Says Class Action

June 25, 2018

Plaintiff Douglas Richey was carrying his Taser in a neoprene case in his jacket pocket, the complaint for this class action says, with the safety switch in the “safe” position. But as he got out of his car, it says, he heard a muffled pop and smelled gunpowder. He looked down to see the Taser’s electric barbs sticking out of his jacket. The complaint claims that the weapon has a defect that permits it to slip into the “armed” mode too easily, and that it can also be fired with very little pressure on the trigger.

defective_taser_complaint.pdf

Case Event History

Taser Defective Safety Can Make Weapon Misfire, Says Class Action

June 25, 2018

Plaintiff Douglas Richey was carrying his Taser in a neoprene case in his jacket pocket, the complaint for this class action says, with the safety switch in the “safe” position. But as he got out of his car, it says, he heard a muffled pop and smelled gunpowder. He looked down to see the Taser’s electric barbs sticking out of his jacket. The complaint claims that the weapon has a defect that permits it to slip into the “armed” mode too easily, and that it can also be fired with very little pressure on the trigger.

defective_taser_complaint.pdf
Tags: Defective Product, Firearms