Federal Judge Dismisses Suit Against Taser

Stun gun manufacturer Taser International Inc. won dismissal of a product-defect suit brought in California that alleged one of its products looks too much like a real gun.

In 2002, police officer Marcy Noriega of Madera, Calif., shot and killed Everardo Torres after Noriega mistook her pistol for a Taser M26, which is designed to resemble a firearm. Torres’ family sued the city.

The city and the police officer sued Scottsdale, Ariz.-based Taser, claiming that the M26 was defectively designed and that Taser failed to warn about the possibility of confusing it with a firearm. A U.S. judge dismissed the case Tuesday, saying the resemblance was obvious. He dismissed all claims, including negligence and design defect.

“Assuming that plaintiffs’ allegations that the M26 is defectively similar to a handgun in functionality, design, and muscle memory, then the possibility of weapons confusion is obvious, especially when the M26 is worn close to a firearm,” U.S. District Judge Anthony Ishii wrote in a 50-page dismissal order. “Under these circumstances, there is no duty to warn.”