1. TASERS WHAT ARE THE RISKS. WHAT IS THE POTENTIAL LIABILITY
TASERS WHAT ARE THE RISKS? WHAT IS THE POTENTIAL LIABILITY? SAN FRANCISCO POLICE COMMISSION June 21, 2017 Presented by John Burton

2. John Burton Holding TASER M26

3. The Law Offices of John Burton 128 North Fair Oaks Avenue Pasadena, CA (626)

4. Robert Heston With His Father

6. Darryl Wayne Turner, June 7, 1990 – March 20, 2008

7. VIDEO TO PLAY DURING PRESENTATION

8. TASER’S RESPONSE TO PRODUCTS LIABILITY VERDICTS
Following products-liability suits and verdicts against TASER International, the company changed its name to Axon.
After years of denying the risks of its products, the company now imposes unrealistic obligations on its customers and uses training and warnings to shift liability for the inevitable bad outcomes that result from field taser uses to the agencies.

9. TASER (Axon) Training Slides
The following slides with light red background are from the current TASER/Axon training for in-house agency instructors, Version 20, effective January 2016.

10. License Agreement
All TASER International, Inc. (TASER) training materials/documents are copyrighted and:
Must be used in their entirety (PowerPoint® slides, video, and instructor notes)
May only be used for CEW training by TASER certified instructors holding a current certification on the CEW model being taught and while fully complying with all TASER training requirements
May not be used for commercial purpose*
If you access or use TASER’s training materials, you accept and agree to be bound by TASER’s License Agreement
All TASER training material is copyrighted. Instructors may use and modify the TASER CEW training materials for the purpose of developing their own CEW training program and for no other purpose. Using the TASER training materials for commercial purpose or for monetary gain is strictly prohibited and enforced unless you are enrolled in one of our available licensing programs (e.g. private security, for-profit/non-profit college, etc.)
You must use all materials from the TASER CEW training materials that cover CEW operation, safety and warnings as they appear in the TASER CEW training materials. However, you may add additional information to the TASER CEW training materials as part of the instruction of your own personnel and in developing your own CEW training program. Be sure you read the entire TASER CEW
Training Material License Agreement located in the instructor manual and on the TASER training DVD.
Version 20

11. Program Requires
Instructor MUST go to within 72 hours before program and ensure program includes only the most current and up-to-date versions of all of these materials:
PowerPoint® Version of Training Program
Training Bulletins and Updates
Product Warnings
Product Manual
TASER Instructor and User: Warnings, Risks &
Release Agreement (“Release”)
Version 20

12. Program Requires
Prior to beginning any class every participant MUST receive, fully read, understand, and accept and abide by the most current versions of:
TASER Warnings, and
Release
Each person MUST also complete, date, sign, and return the Release to instructor.
The signed Release must be returned to TASER
The Liability Release form MUST be signed by all students and attendees before instruction begins. Signing the Liability Release form does not indicate that the student volunteers to be exposed to the TASER Conducted Electrical Weapon (CEW).
Students who fail to sign the Liability Release form will not be permitted to participate in any training drills or physical activities, and therefore will not be certified as an TASER Instructor or TASER End-User.
All signed liability release forms, including those for agency In-House courses, must be returned to TASER using the contact information located on the back side of the form.
Version 20

13. TASER does NOT set or establish standards of care.
TASER certified instructors are NOT TASER agents and are not authorized to deviate from TASER’s training and warning materials. Any representation inconsistent with those materials is specifically disclaimed.
Unofficial or unauthorized materials are NOT part of any TASER training or warning and are specifically disclaimed.
TASER does NOT set or establish standards of care.
Version 20

14. Expectations
You must successfully complete the entire curriculum to be certified by TASER as a TASER instructor
Instructor certification is valid for two years
Users must be recertified annually or more frequently as necessary to stay current with updated manufacturer warnings/training and court decisions
Ask questions. If we do not know the answer, we will try to find it for you.
All students must attend the entire course and successfully complete all tests, drills, and scenarios to be certified as a TASER instructor and User.
TASER reserves the right to deny or revoke any certification for any reason at any time.
TASER’s training materials are subject to the Training Materials Licensing Agreement. Your agency’s use of TASER’s training materials is conditioned on the terms of that license agreement which requires that you use the applicable TASER training materials in full and follow our recommendations (e.g. firing 2 cartridges for recertification) in order for your end users to be a “TASER Certified End User.” As a government entity, you may of course implement any training program and policy that you desire. However, if you deviate from the TASER training materials and recommendations then TASER will not recognize your officers as “TASER Certified End Users.
Version 20

16. The Robert Heston Warning

17. TASER/AXON Contradictory Instructions

18. The Darryl Turner Warning

19. More Risks!

20. Set off Explosion

21. Penetration Injuries

22. Version 17 05/10 V17 – X26 User Course
This is a photo of an unintentional probe impact to the eye of a 50 year old male in Australia. Surgeons from Adelaide’s Queen Hospital removed the probe and the man’s eyesight was later fully restored. Despite the success of this case, impact to the eye can result in serious injury. In another case, the eye was lost.
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Refer to “Eye Injury Hazard” and “LASER Light could result in serious eye injury” in warnings.
Version /10

23. Drive-Stun Marks (M26) Version 17 05/10
This photo is the actual result of drive-stun applications that were directly applied to the subject resulting in apprehension. In a dynamic situation, the ECD may slide, move, or intermittently contact the skin causing multiple signature marks and scratches on a resisting subject. The severity of these marks and their duration may vary depending on the skin type. These may be permanent on certain skin types.
Version /10

24. Falls – a Very Significant Danger

25. Not Safe to Use Anywhere!

26. Not Safe to Use on Anyone

27. Each Officer Must Sign a Release

28. Release Shifts Liability for Injuries from TASER/Axon to Your Police Officer and Must Be Signed Annually

29. Bryce Masters

30. VIDEO TO PLAY DURING PRESENTATION

31. Questions? Thank you for your attention John Burton