Evelyn Rosa v. Taser International, Inc.

OPINION

O’SCANNLAIN, Circuit Judge:

We are called upon to decide whether, in August 2004, a manufacturer of electronic control devices, commonly referred to as “tasers,” was under a duty to warn that repeated exposure to its products could lead to fatal levels of metabolic acidosis.

I

Shortly after 11:00 p.m. on August 29, 2004, a resident of Del Rey Oaks, California, called the police to report that someone who “look[ed] pretty disturbed” was “walking up and down the street yelling ‘Mario’ and ... some other stuff.” Del Rey Oaks Police Officer Russell Van Zanten responded to this noise complaint…