Court Reinstates Failure-to-Warn Claim Against Pepper-Spray Maker Security Equipment Corp.

BOISE, Idaho — Idaho’s Supreme Court has reinstated a prison guard’s claim that Security Equipment Corp. failed to warn of the risk of chronic injury from use of the company’s pepper spray.

The court also concluded in its Aug. 28 opinion that a trial court misinterpreted an expert’s affidavit as contradicting his earlier opinions and abused its discretion in striking it.

Billie Jo Major contends that her use of oleoresin capsicum, or pepper spray, during training for the Idaho Department of Corrections led to bronchial difficulties and permanent respiratory injuries.

Her complaint asserted three causes of action: that the …