Georgia Trial Lawyer Blog

The Dunwoody Police Department is currently investigating how a suspected shoplifter died after being detained by Dunwoody Wal-Mart employees this afternoon. The suspected shoplifter, Marty Jones, apparently succumbed after several people pinned him to the ground in order to prevent him from fleeing the store.

The Atlanta Journal Constitution has the story.

The incident occurred around lunchtime at the Wal-Mart on Ashford Dunwoody Road. According to authorities, a Wal-Mart loss prevention officer initially grabbed Mr. Jones after suspecting him of shoplifting. A shopper then apparently intervened which led to an altercation. From that point, a “pile-up” ensured in which an undisclosed number of people attempted to pin Mr. Jones to the ground.

When police arrived at 1 p.m., Mr. Jones was receiving CPR from two bystanders. He was then transported to Northside Hospital where he was pronounced dead. Authorities hope that an autopsy will shed more light on the injuries that Mr. Jones sustained.

Our personal injury attorneys have helped several clients recover significant monetary damages after they were wrongfully detained or assaulted by private security employees. It is important for customers who have been assaulted by store employees to understand that a store, such as Wal-Mart, can detain a customer it reasonably suspects of shoplifting. However, under Georgia law, a store may generally only detain a suspected shoplifter in a manner and for a length of time that is reasonable. In our experience, detention by store security that results in grave bodily injury or death is almost never reasonable, and in those cases, the injured customer or the customer’s family may be able to recover a significant amount of money from the business and its employees.

The Georgia Court of Appeals recently reversed the grant of summary judgment to an Atlanta police officer on the claims of false arrest and malicious prosecution. The court ruled that a material issue of fact existed as to whether actual malice was involved and whether there was probable cause.

In Jones v. Warner, the plaintiff, Chastity Jones, was eating at a KFC in downtown Atlanta with two friends when she decided that she wanted to visit Atlantic Station. Jones noticed a police van outside in which Officer Adriane Warner was sitting. Jones walked to the van and asked Warner for directions to Atlantic Station while Warner was on the radio. Warner failed to respond and Jones asked for directions a second time. Warner raised her finger instructing Jones to wait. Warner then stated “17th Street” and pointed to the right. Jones asked, “Where is that?” to which Warner responded, “Can’t you see I am on my radio?” While walking back to the restaurant, Jones stated, “You didn’t have to be so rude about it.”

Warner followed Jones into the KFC and told her that she needed to speak with her. Jones apologized for disturbing the radio call and turned to walk to her table. Warner then stated, “Don’t walk away from me when I’m talking to you.” At that time, Warner pulled Jones out of the KFC and held her arm to the wall. Jones again apologized. Warner then put Jones in handcuffs and asked for an ID. Jones stated she didn’t have an ID but later found it on her person. At the precinct, Warner discovered that Jones had a warrant for failure to appear. Jones was then charged with violating the Atlanta City ordinance for disorderly conduct. The ordinance, which was later changed, prohibited the interference “by acts of physical obstruction, [with] another’s pursuit of a lawful occupation.” The Solicitor eventually moved to dismiss the charges which the municipal court granted.

Jones then sued for false arrest and malicious prosecution. Warner testified that Jones stated “damn officers” as she walked back to the KFC, and that once inside she cursed in front of children which gave her probable cause to arrest. However, Warner never mentioned any cursing in her initial report and even stated in her deposition that she had no reasonable grounds for believing a crime had been committed prior to Jones’ re-entry into the KFC. Furthermore, one of Jones’ friends testified that she was calm and never cursed. Nonetheless, the trial court granted Warner’s motions for summary judgment.

False arrest arises when an arrest occurs without probable cause and when made maliciously. A lack of probable cause exists when a reasonable man would believe that the officer had no grounds for proceeding with the arrest except out of a desire to injure the arrestee. The additional element of malice may be inferred from a total lack of probable cause. Because Warner could not provide any undisputed evidence showing that the arrest for disorderly conduct was justified, the appellate court ruled that the trial court should have allowed a jury to decide the question.

Moreover, the court ruled that the claim for malicious prosecution should have also reached the jury. Whether malicious prosecution exists depends on whether the facts, as they existed at the time of instituting the prosecution, were such as to lead a person of ordinary caution to entertain a belief that the accused was guilty of the offense charged. If probable cause existed, the malicious prosecution claim will fail. Since a question of fact remains as to whether there was probable cause and a prosecution had been initiated, the appellate court held that summary judgment was improper.

Our victims’ rights attorneys have successfully represented several clients who have fallen victim to abusive police practices. In our experience, false arrest and malicious prosecution are not uncommon occurrences and many victims fail to exercise their rights under Georgia and federal laws which are designed to protect and compensate those who have been wrongfully arrested or prosecuted. While it can often be a difficult task to get such a case to the jury stage, juries can and do award significant monetary damages in such cases. It is our hope that cases like this one will allow more victims to exercise their rights and eventually prevent future abusive police practices.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon, Madison and Savannah. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

Georgia homeowners affected by recent storms have seen a rise in the number of legitimate insurance claims which have been denied. However, some homeowners have fought back by filing formal complaints with the state and taking legal action against the unscrupulous insurance companies. In the past two years alone, formal complaints filed against insurance companies by homeowners have quadrupled.

The Atlanta Journal Constitution has the story.

The rise in denial of claims has been largely attributed to the number and severity of hail storms which have affected Georgia over the past couple of years. For instance, the first four months of 2009 saw at least 15 major storms. As insurance companies had to pay out more and more on storm claims, they began tightening their belts by adopting stricter standards. This left numerous homeowners with legitimate claims to fend for themselves. In some cases, homeowners were denied while their neighbors were approved for the same type of storm damage.

Yet, homeowners are not without recourse. Homeowners may file a formal complaint with the Georgia Department of Insurance which can often persuade an insurance company to pay a claim it originally denied. Prior to filing a complaint, a homeowner may also ask for a second adjuster or hire a private inspector.

There is also a powerful legal option which customers may utilize to punish the insurance company and attain significant monetary damages. If an insurance company refuses to pay a legitimate claim, the insured may have a legal action for bad faith. A bad faith action simply means the insurance company had no reason to deny a claim.

Our business fraud attorneys have won several cases in which our clients were victimized by insurance companies who simply refused to pay what they owed. In such cases, an insurance company may be liable for damages including significant punitive damages and attorney fees. However, it is important for every insurance customer who has been denied or been given the run-around to contact an attorney as soon as possible, since the statute of limitations can often sneak up on unwary victims of insurance bad faith.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon, Madison and Savannah. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

A Columbus, Georgia jury returned a $3.4 million verdict last Thursday for the wrongful death of Harris County resident Scott Matty. Matty was struck by a 17-year-old driver while bicycling on Georgia 315 in February of 2008.

The Ledger-Enquirer has the story.

Police say the driver, Rachael Nicole Griffin, was driving a Ford Explorer when she ran over Matty from behind. Griffin also seriously injured a second bicyclist during the incident. Matty’s wife and his estate brought suit against the driver, Rachael Nicole Griffin, and her parents in 2008 seeking damages for wrongful death and pain and suffering. Dustin Brown and Jason Crawford, of the Columbus firm Daughtery, Crawford, Fuller & Brown, represented Matty’s wife and estate at trial. The jury’s verdict came to a total of exactly $3,416,122.

Griffin still faces criminal charges for the death of Matty. A Harris County grand jury indicted her on four counts nearly a year ago. Those charges include second degree vehicular homicide, following too closely, improper passing of a vehicle and failure to maintain lane. All of the charges are misdemeanors under Georgia law.

In addition to his wife, Matty also left behind three daughters.

Our personal injury attorneys have won several car accident cases which resulted in serious injuries or deaths. In many car wreck cases that result in serious injuries, the amount of medical bills, lost wages and pain and suffering can be extreme. Under Georgia law, an innocent party, whether another driver or bystander, is generally entitled to recover these damages from the negligent driver. When a death occurs, the negligent driver may be liable for wrongful death which includes the full value of the decedent’s life. In many cases, this can lead to a substantial jury verdict or settlement as seen in this case.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon, Madison and Savannah. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

Our firm was recently hired to represent the owner of a small heating and air conditioning business after an employee of BellSouth Advertising and Publishing Corporation fraudulently entered him into a contract.

We brought suit against BellSouth Advertising and Publishing (BAPCO) and its employee in October alleging identity fraud and forgery. We hope that this lawsuit will hold BAPCO accountable for any fraudulent practices and act as a stark reminder to corporations that their customers have rights and should be treated fairly.

In our experience, it is not uncommon for large corporations to take advantage of small business owners and individuals through either outright fraud or covering up the tracks of their criminal employees. Georgia law provides defrauded customers with several legal avenues to punish corporations and their employees for unfair practices. Under these laws, a defrauded plaintiff may be entitled to a significant monetary award.

Our client's business was harmed by the fraudulent acts described in our complaint against BAPCO. We hope to be able to help our client recover his damages in this case, and perhaps help deter large businesses from taking advantage of their customers in the future.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon, Madison and Savannah. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

On the night of September 10, nearly 50 officers of the Atlanta Police Department conducted a warrantless raid on the Atlanta Eagle, a local bar, in which the occupants were forced to the floor, searched and had their driver’s licenses seized while police ran background checks. Twenty of the people forced to the ground filed suit in federal court on Tuesday alleging federal civil rights violations and demanding a change in police department policy.

WABE News has the story.

According to the complaint, several undercover police officers were at the bar shortly before the raid occurred. Sometime after 11:00 PM the undercover officers yelled for everyone to “hit the floor” without identifying themselves as officers. Soon thereafter Atlanta police and members of the Red Dog Unit, a drug taskforce dressed in SWAT gear, rushed into the bar without verbally identifying themselves as officers. Witnesses say officers shoved some patrons to the ground, pressed boots on their backs, used handcuffs and even kicked some patrons for no legitimate reason. The patrons were then detained and searched. Police forcefully took identifying information from the patrons in order to determine if anyone had outstanding warrants. Some patrons were forced to lie in broken glass and not allowed to move for up to two hours. Officers also allegedly kicked down a door, entered a private residence, refused to answer questions about their presence and used anti-gay slurs during the raid.

Police say they conducted the warrantless raid after observing illegal sexual conduct on prior visits. However, no patrons were arrested during the raid and only eight employees were cited for code violations. Plaintiffs argue that police violated their rights by seizing, searching and running background checks on them. Under the Fourth Amendment to the Constitution, police generally need to have a particularized reasonable suspicion or probable cause to believe that an individual is involved in criminal activity before that person can be seized and searched.

Moreover, Police Chief Richard Pennington publicly announced that it was the department’s policy to have patrons lie on the floor, searched, and have their identifications taken during raids.

Many attorneys have called such a policy a clear violation of constitutional rights. WABE legal analyst Page Pate says that the Police Chief’s statements bolster the plaintiffs’ case. Pate explained that the statements show that the city has a long history of using these tactics, and that the city will have a hard time disowning the policy when it comes time to defend itself against the plaintiffs’ lawsuit.

The complaint lists the City of Atlanta, the Atlanta Police Department and 45 officers as defendants. Plaintiffs are suing primarily under 42 U.S.C. § 1983 which allows individuals who have been deprived of constitutional rights by state actors to bring suit against them in federal court. Specifically, plaintiffs allege violations of the Fourth and Fourteenth Amendments which guarantee the right to be free of unreasonable searches and seizures as well as the First and Fourteenth Amendments which guarantee the right of free speech. The complaint further alleges the same violations under the Georgia Constitution. Plaintiffs then go on to claim false imprisonment, assault, battery and trespass.

The Lambda Legal Defense Fund, the Southern Center for Human Rights and attorney Dan Grossman represent the plaintiffs. They are not only asking for monetary damages, including punitive damages, but for a change in the police department’s policy to ensure that the city does not infringe upon constitutional rights in the future.

Our victims’ rights attorneys have also successfully represented several citizens who have fallen victim to abusive police practices. Police brutality or abuse can come in many shapes or forms including excessive use of force, physical attacks, verbal threats, intimidation or false arrest. In our experience, police departments often have unofficial or official policies which violate constitutional rights guaranteed to all citizens. A good victims’ rights attorney will expose these illegal policies by suing the responsible police department, government entity and officers under various federal and state laws designed to protect citizens from police abuse. This will help to prevent future abuses and allow the victims to recover monetary damages.

Cobb County police arrested Paul Patrick Serdula, a nurse anesthetist, last week for unlawful surveillance after a patient found video surveillance equipment in a Marietta dentist office bathroom. Authorities then re-arrested Serdula on Monday night for aggravated sexual battery and aggravated child molestation after evidence revealed that he may have made sexual contact with a sedated juvenile. Police now fear that there may be as many as 100 other victims who were inappropriately touched while sedated.

The Atlanta Journal Constitution has the story.

After Serdula was arrested for unlawful surveillance, police searched his Forest Peak Court home where they discovered hundreds of videotapes and additional electronic monitoring devices. Authorities are currently reviewing the tapes in an effort to determine if they show any criminal acts or possible victims. Police have been speaking with potential victims and are so far aware of at least 20. That number could possibly grow to around 100 before the investigation is concluded.

Serdula, 47, was a contract nurse who did not work for any single medical or dental office. Police say it is possible that he worked at numerous medical offices throughout Cobb County. Cobb police encourage anyone who has been recently sedated to contact their doctor’s office to determine if the anesthesia was administered by Serdula. If Serdula was involved, patients are urged to contact Cobb police.

The incident stemming from the aggravated sexual battery and aggravated child molestation charges is believed to have occurred on July 29. Police have also charged Serdula with aggravated sodomy for acts that allegedly occurred on September 16. If Serdula is convicted of these sex crimes, he would face significant jail time. Aggravated child molestation, aggravated sexual battery and aggravated sodomy all carry a sentence of 25 years to life.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon, Madison and Savannah. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

Cobb County police believe that a Marietta, Georgia nurse anesthetist may have inappropriately touched hundreds of patients while they were sedated. The allegations arose after a patient found video surveillance equipment in the women’s bathroom of a Cobb dentist office.

The Atlanta Journal Constitution has the story.

Police say a patient spotted the recording device and immediately called 911. Authorities were then able to link the device to Paul Patrick Serdula. Upon searching Serdula’s home, police found hundreds of videotapes and additional recording devices. The tapes reveal Serdula committing serious crimes including sexual battery on patients under anesthesia. Police do not yet know the full extent of Serdula’s exploits, but they believe that there could be hundreds of victims.

Serdula, 47, is a contracted nurse anesthetist that may have worked for numerous medical clinics and facilities. Cobb police are asking anyone who may have been recently put under anesthesia to contact their doctor’s office to see if Serdula administered the anesthesia. If so, those patients are urged to call the Cobb County police.

Serdula is currently in jail without bond charged with unlawful surveillance and eavesdropping; however, new charges are likely as police continue to explore the tapes found at his home. Under Georgia law, a conviction for unlawful surveillance can carry a sentence of one to five years and a 10,000 fine.

These criminal charges may also lead to civil suits against the nurse and the medical facilities where he was employed. A good victims’ rights attorney will help a victim track down and pursue the attacker and all responsible parties in effort to hold them responsible. In some cases, a sex crime victim can recover significant damages. Liability on the part of the medical facilities will largely depend on their knowledge of the nurse’s criminal activity.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon, Madison and Savannah. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

Victims of Georgia peanut butter contaminated with Salmonella angered over lack of prosecutions

FBI agents raided two peanut butter plants in Blakely, Georgia nearly a year ago after a Salmonella outbreak was linked to the plants’ peanut butter. The outbreak killed nine people and sickened hundreds of others. However, not a single executive of the company, Peanut Corp. of America, has been charged with a crime. The lack of prosecutions has caused a stir among many victims and their families.

The Atlanta Journal Constitution has the story.

The evidence seemed overwhelming. FDA inspectors found mold, a leaky roof and cockroaches at the Blakely plants. Congress also found e-mails written by the company’s top executive, Stewart Parnell, which suggested putting profits above safety even after being aware of the contamination. Specifically, emails from Parnell revealed that he “desperately” needed to turn the peanuts on the floor into money. Parnell also instructed his plant manager to “turn them loose” which referred to peanuts that had tested positive for contamination but were cleared in a second test. When a final lab test revealed salmonella, Parnell voiced great concern to his plant manager over the amount of money that would be lost.

The lack of prosecutions has surprised many. Some have speculated that the delay may be due to the fact that the outbreak has been controlled and the plants closed. The acting U.S. Attorney for the Middle District of Georgia, G.F. Peterman, has refused to comment on the matter. Historically, prosecutors have been hesitant to bring charges in contaminated food cases. In the 2006 tainted spinach scare, prosecutors did not pursue convictions even though three died and 200 were harmed. When prosecutions do occur, companies are typically charged with misdemeanor offenses and receive fines. For instance, Sara Lee Corp. pleaded guilty in 2001 to selling meats contaminated with Listeria which killed 15. The company was fined $200,000 and agreed to hand over $3 million for food safety research. So far Peanut Corp. of America has only suffered a barrage of civil lawsuits.

Our personal injury attorneys have successfully represented several clients who have been harmed due to defective or contaminated products. In our experience, a victim’s best chance for holding a food company accountable for injuries is through a civil suit as many of the victims in this case have done. Georgia law contains several statutes which allow injured consumers to go after companies responsible for contaminated food. From the corporate farmer to the owner of a restaurant or grocery store, Georgia’s laws cast a wide net of liability on those involved in food production, manufacturing and distribution. In addition to food borne illnesses, a consumer may also have a cause of action for food containing unsafe levels of pesticides, foods whose poor quality is concealed, foods that are unfit for human consumption or that have not been handled properly and foods that contain foreign objects. In many of these cases, the consumer can recover substantial monetary damages.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

The Court of Appeals of Georgia recently determined that DeKalb County could be held liable for injuries that a motorist sustained during a high-speed police chase, since there were factual issues as to whether the pursuing officer recklessly disregarded policies of the DeKalb County Police Department.

In Rahmaan v. DeKalb, Rahmaan, the plaintiff, stated that she was stopped at a red light at a four-way intersection around 10:00pm in the summer of 2005. When the light turned green, she heard loud sirens and stayed where she was. She then saw a Cadillac moving at a high rate of speed with a police car behind it. Rahmaan claims the police car intentionally rammed the back side of the fleeing Cadillac which is known as a PIT maneuver. This caused the Cadillac to fishtail into her vehicle. Rahmaan says she heard the officer get out of his car and say “we got him.” She also claims that people were walking on the sidewalk and that children were playing nearby when the wreck occurred. The officer testified that he did not perform a PIT maneuver, but rather, he was trying to block the intersection so innocent motorists could not enter. At that point, the officer claims the suspect’s car bounced off the police cruiser and into Rahmaan’s vehicle.

Under Georgia law, a police officer’s pursuit of a fleeing suspect cannot be the proximate cause of any injuries unless the officer acted with reckless disregard for proper law enforcement procedures in the officer’s decision to initiate or continue the pursuit. The trial court granted summary judgment for DeKalb, since it believed there was no evidence that the officer acted in reckless disregard. Yet, DeKalb County has a policy that forbids physical contact between vehicles except as required at roadblocks, and that roadblocks cannot be used when innocent persons would be endangered. Under Rahmaan’s version, the officer intentionally struck the fleeing suspect’s vehicle under circumstances not allowed by the county. Thus, the court reversed summary judgment and allowed her suit for injuries to go forward.

Our personal injury attorneys have successfully represented several clients who have been injured by reckless police officers. It is an unfortunate reality that many innocent lives are taken every year by high speed chases in which officers simply disregard proper police procedure. When an injury or death does occur in a police chase, the person or family that was harmed may be entitled to significant monetary damages for injuries. However, it is important to be conscious of the fact that an ante-litem notice may need to be filed very soon after an accident involving a police chase occurs. If an injured party fails to promptly file such a notice, he or she may waive any right to sue for monetary damages.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

Medicare covers more than 46 million Americans who are elderly or disabled and pays out nearly $500 billion annually. However, Medicare fraud costs taxpayers around $60 billion a year and has become what many have described as the most profitable crime in America.

60 Minutes ran a recent story on the issue.

Authorities admit that deceiving the government with false Medicare claims is quite easy. Typically, an offender will attain a list of Medicare patients with their names, social security numbers and birth dates. The offender will then open a phony store front that claims to be a pharmacy, clinic or medical supply store and simply bill Medicare for items and services that never existed.

Under the law, Medicare must pay the claim within 15 to 30 days. Since Medicare only has a few auditors, much of the fraud simply goes undetected. When inspectors are sent to investigate a suspicious claim, they generally do so after the checks have been delivered. By that time, the phony business has usually been abandoned and the offender has moved onto a new phony business. FBI agents say that it’s not unusual for a single fraudster to make $400,000 or more a month.

However, Medicare fraud is not limited to the common fraudster. Doctors have been convicted of Medicare fraud for billing unnecessary prescriptions and procedures. And hospitals have been accused of taking in homeless patients to fill empty beds. Government officials fear the problem will only grow worse as people create new ways to take advantage of the system.

Yet, taxpayers are empowered to stop Medicare fraud through whistleblower laws. Any person who has direct and independent knowledge of Medicare fraud may bring a civil suit on behalf of the government. This is known as a qui tam action. Under federal law, those committing the fraud are liable for each act of fraud between $5,000 and $10,000 and three times the amount of damage that the government sustained. The person who brings the suit is generally entitled to 15 to 30 percent of the amount recovered.

Our whistleblower attorneys have helped several people blow the whistle on government billing fraud and false claims. It is important to understand that Medicare fraud can occur in many different ways including billing for non-existent patients, services that were never performed, giving false information or false certification, kickbacks, upcoding schemes and lack of medical necessity. By blowing the whistle on these practices, a person can help the government put an end to the fraud and attain significant monetary damages.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

The manufacturer of the most common brand of electroshock gun, Taser International, issued a warning last week for officers to stop stunning people in the chest. The company warns that shooting someone in the chest may cause an “adverse cardiac event.”

The Atlanta Journal Constitution has the story.

The warning came in the form of a training bulletin to all law enforcement officers that carry the company’s stun guns. Instead of shooting someone in the chest, face or neck, Taser International recommends shocking a person in the back, abdomen or thigh. The warning comes after numerous law enforcement agencies have faced law suits due to the device’s ability to cause heart attacks.

Taser International’s product delivers 50,000 volts to a victim’s body for the purpose of incapacitation. Normally, such a shock will incapacitate a suspect for about five seconds without causing permanent injury. However, more than 400 people have died after being shocked with a Taser since 2001. Of those deaths, medical examiners have found that Tasers contributed to more than 30. It is unclear how many more deaths may have been caused by Tasers.

Three such deaths happened in the Gwinnett County jail after deputies shocked inmates that they say were combative. In two of those cases, the cause of death was ruled to be cardiac arrest, however, the cause of the heart attacks were not determined.

The latest warning has not deterred officers in the Atlanta area from carrying Tasers, but many police departments pledge to retrain their officers including Atlanta, Gwinnett and Clayton. Cobb County has already implemented the recommendations with its officers. Fulton County Police say they are currently reviewing the warnings, and the DeKalb County Sheriff’s Office has stated that it is aware of the recommendations.

Our personal injury attorneys have reviewed several Taser cases. While Tasers may represent a non-lethal way for officers to subdue a suspect, they are often used improperly, excessively or on persons with underlying medical conditions. As this story highlights, the resulting medical complications can lead to permanent damage and even death.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.