From Hakim v. Safariland, Inc., decided Monday in an opinion by Judge John Lee, joined by Chief Judge Diane Sykes and Judge Joel Flaum:
David Hakim, a SWAT officer …, accidentally got shot by a colleague during a training exercise. The offending projectile was a "breaching" shotgun round manufactured by Safariland, LLC. Breaching rounds assist law enforcement officers in breaking down doors by disabling hinges and other attachments on doorframes. When used as intended, they disintegrate harmlessly on impact with a metal attachment mechanism. But here, Hakim's fellow officer missed the metal door hinge he was shooting at. The round struck wood, remained live, and ultimately hit Hakim in the spine. Hakim's thirteen-month recovery from his injury required multiple surgeries, and to this day he experiences pain so severe that he has trouble sleeping….
Hakim [sued, claiming] … that Safariland had failed to provide adequate warning that its rounds do not disintegrate if they strike wood instead of metal. A jury … awarded Hakim $7.5 million on his failure-to-warn claim….
The court upheld the verdict, and rejected Safariland's claims that its warnings were adequate:
