Use of a Taser – When Is It Okay to Use a Taser?
There are very few circ*mstances where a private person is justified in using a taser against another person. Essentially, a person would be justified to use a taser as a private citizen only in self-defense. The general rule is that a person may use a taser only when it’s necessary to fight against the unlawful use of physical force by someone else. The rule may vary from state to state when it comes to the use of deadly force in self-defense on someone’s own property.
Of course, a person can’t just claim self-defense and get away with using a taser. The physical harm to the person using the taser must be imminent. In addition, their belief that someone is about to harm them must be reasonable.
Police Protocol for Taser Use
Police protocol for taser use is an important part of law enforcement checks and balances and limited government. Law enforcement officers receive training on how to use their taser. There are specific rules that control when the police can use a taser. When the police violate protocols for taser use, you may deserve financial compensation.
When a taser injury and wrongful death lawsuit is based on police protocol violations, the claim may be both an intentional tort and a civil rights action. The claim may be based on intentional assault or negligence, just as you would claim against any private citizen. In addition, the claim may be based on a violation of your civil rights. It’s important to state both grounds in your claim for compensation.
Police protocol for taser use generally includes completing proper training to carry and use a taser. They must issue a verbal warning before taser use. If there’s a chance that the taser may ignite a flammable liquid, the police officer must opt for an alternate action. They may never use a taser for punishment or coercion.
When a taser injury or wrongful death occurs, your attorney can help you research the police protocol in place. They can help you determine how the police may have violated procedure. Then, your attorney can help you hold law enforcement accountable for their actions and your injuries. In addition to other factors in a case that involves law enforcement, you should be aware that there may be a very limited time to file your claim. It’s important to begin working with an experienced injury attorney immediately.
Taser Lawsuit Elements
A taser lawsuit may compensate you if you’re hurt because of the unlawful use of a taser. The elements of a taser lawsuit may vary depending on whether the claim is based onintentional tort or negligence. In each case, you must show that someone used a taser without lawful justification.
Once you show that the other person or party should not have used a taser, you must show that the taser caused your injuries. In most taser injury and wrongful death cases, there is a clear link between the use of the taser and the damage that occurs. However, it’s still up to you, as the victim, to connect the dots between the accident and your injuries.
Finally, you have to show what your damages are. A skilled personal injury attorney can help you review the categories of damages so that you don’t miss out on any compensation that you deserve. Some kinds of damages you value with bills and calculations. Other types of injuries depend on showing the suffering that you endure because of the taser.
If you have been hurt, or if your loved one was killed by the unlawful use of a taser, the injury lawyers at Adam S. Kutner, Attorney at Law are here to help. We know this is an overwhelming time, and we want to build your case so you get the compensation you deserve. Call us today to schedule your free consultation to learn about your options.
