The Sig Sauer P320 handgun has been at the center of multiple lawsuits due to allegations that the firearm can discharge without the trigger being pulled. These lawsuits claim that defective design and manufacturing flaws have led to serious injuries and even deaths. Anyone who handles or works with Sig Sauer handguns should be aware of the potential dangers and how to protect their rights if an injury occurs due to design or manufacturing defects.
In today’s blog, the product liability attorneys at Kherkher Garcia explore the legal issues surrounding the P320, the mechanics of unintentional discharges, and how manufacturers can be held liable in personal injury and wrongful death cases.
The Sig Sauer Injury Controversy
The Sig Sauer P320 is a popular striker-fired handgun used by civilians, law enforcement, and military personnel. However, reports have surfaced that the P320 can fire unintentionally, even when holstered or handled in a routine manner. Multiple lawsuits have been filed, alleging that:
- The firearm lacks adequate safety mechanisms to prevent accidental discharges.
- Sig Sauer was aware of the defect but failed to recall or adequately warn consumers.
- Injuries and fatalities have occurred due to the gun firing without a trigger pull.
Plaintiffs in these lawsuits claim that Sig Sauer’s negligence and failure to address safety concerns constitute grounds for legal action. Reports suggest that at least 80 people have been injured due to the P320 firing without the trigger being pulled.
There are multiple concerns related to these firearms, including the fact that the P320 is the standard handgun for the U.S. military and many branches of law enforcement. Unintentional discharges have been reported by law enforcement, with at least two incidents happening on school grounds.
Bill Lewinski, a behavioral scientist and executive director of the Force Science Institute is a leading expert on accidental shootings. Mr. Lewinski was quoted in news media saying,
“The number and frequency of injuries are strongly suggestive of a design flaw versus a human performance error. What we’re seeing is highly unusual.”
Representatives from Sig Sauer contend that the P320 is incapable of firing unintentionally and that the issues and lawsuits do not indicate a defect with the gun.
Understanding Unintentional Discharges in Handguns
Firearms can discharge unintentionally for various reasons, including mechanical defects, user error, or external impacts. In the case of the P320, plaintiffs argue that the weapon fires due to internal defects rather than misuse. Common causes of unintentional discharges include:
- Design Defects: A design defect occurs when a firearm is inherently flawed due to the way it was created. In the case of the P320, allegations suggest that the gun lacks a true trigger safety or drop safety, increasing the risk of accidental discharge.
- Manufacturing Defects: Even if a firearm’s design is sound, errors in the manufacturing process can lead to mechanical failures. Plaintiffs argue that certain models of the P320 contain internal defects that cause unintentional firing.
- Impact or Drop Discharges: Some handguns are prone to firing when dropped or subjected to sudden impacts. Reports suggest that P320 models have discharged when dropped, struck, or jostled, creating a severe safety hazard.
- Striker-Fired Mechanism Issues: Unlike hammer-fired handguns, striker-fired pistols like the P320 rely on a pre-cocked firing mechanism. If improperly designed, the striker can release prematurely, firing the weapon without a trigger pull.
Legal Basis for Sig Sauer P320 Lawsuits
Victims of unintentional P320 discharges may pursue legal claims against Sig Sauer under various legal theories, including:
Product Liability Claims
Product liability laws hold manufacturers accountable for injuries caused by defective products. Plaintiffs can allege that:
- The P320 was defectively designed, making it unreasonably dangerous.
- Sig Sauer failed to provide adequate warnings about the risk of accidental discharges.
- The company should have recalled the firearm or implemented safety improvements.
Negligence
Negligence claims argue that Sig Sauer breached its duty of care by manufacturing and selling a dangerous firearm. Plaintiffs must prove:
- Sig Sauer knew or should have known about the defect.
- The company failed to take reasonable steps to prevent harm.
- This failure directly caused injury or death.
Breach of Warranty
Consumers expect firearms to function safely under normal use. If a gun unexpectedly discharges due to a defect, plaintiffs may argue that Sig Sauer breached:
- Express Warranty (statements made by the manufacturer about the gun’s safety and reliability).
- Implied Warranty (the expectation that a firearm will not fire without user input).
Wrongful Death Lawsuits
Families of individuals who died due to P320 misfires can file wrongful death lawsuits against Sig Sauer. These lawsuits seek compensation for:
- Funeral and medical expenses.
- Loss of financial support.
- Emotional suffering and loss of companionship.
Notable Lawsuits Against Sig Sauer
Several lawsuits have been filed against Sig Sauer, with claimants including law enforcement officers, civilians, and military personnel. Key cases include:
- A police officer who suffered a leg injury when his holstered P320 discharged.
- A civilian who was shot in the hip when his P320 fired without a trigger pull.
- A military veteran whose firearm discharged during routine handling.
- A U.S. Army veteran whose P320 discharged while holstered, causing permanent injuries.
In some cases, Sig Sauer has settled claims confidentially, while others continue to be litigated.
Manufacturer Liability and Consumer Safety
Firearm manufacturers have a responsibility to ensure their products are safe for use. If a company fails to address known safety issues, it may be held liable under product liability laws. Key considerations include:
Duty to Recall Defective Products
If a manufacturer becomes aware of a dangerous defect, it must take action to recall or modify the product. Critics argue that Sig Sauer should have recalled all P320 models with reported issues rather than releasing updated versions without fully addressing the problem.
Adequate Safety Mechanisms
Modern firearms often include multiple safeties to prevent accidental discharges. Lawsuits allege that Sig Sauer failed to incorporate adequate safety mechanisms, making the P320 inherently dangerous.
Failure to Warn Consumers
If a manufacturer knows of a potential defect but does not warn users, it may be held liable for resulting injuries. Plaintiffs argue that Sig Sauer misled consumers by marketing the P320 as safe while knowing about reported unintentional discharges.
How Victims Can Seek Legal Help
Individuals injured due to an alleged P320 defect should consult an experienced product liability attorney. A lawyer can:
- Investigate the circumstances of the unintentional discharge.
- Gather expert testimony on firearm mechanics and safety.
- File a claim against Sig Sauer for damages.
- Represent victims in settlement negotiations or court trials.
Compensation in Sig Sauer injury cases may include medical expenses, lost wages, pain and suffering, and punitive damages if Sig Sauer is found to have acted recklessly.
Getting Help after a Sig Sauer Injury
The lawsuits surrounding the Sig Sauer P320 highlight serious concerns about firearm safety and manufacturer accountability. Victims of unintentional discharges may have legal options to seek compensation through product liability, negligence, and wrongful death claims. As litigation continues, these cases may influence future firearm safety standards and corporate responsibility within the gun industry.
If you or a loved one has been injured due to an unintentional discharge of a Sig Sauer P320 handgun, you may be entitled to compensation. Reports of the P320 firing without a trigger pull have led to serious injuries and wrongful deaths. At Kherkher Garcia, our experienced product liability attorneys are dedicated to holding negligent manufacturers accountable.
Gun manufacturers have a duty to ensure their products are safe. If a firearm defect caused your injury, you deserve justice. Our legal team will investigate your case, gather evidence, and fight for the compensation you deserve for medical expenses, lost wages, and pain and suffering.
Don’t wait—time limits apply to product liability claims. Contact Kherkher Garcia today for a free, no-obligation consultation. Let us help you seek justice and hold Sig Sauer accountable for their dangerous design flaws. Call 713-333-1030 now, or submit our online contact form, to start protecting your rights.
Resources:
- https://apnews.com/article/sig-sauer-pistol-discharge-lawsuit-7d6e37035d7205ec9b04c92856964f21
- https://smokinggun.org/new-videos-highlight-dangers-of-sig-sauer-p320-pistols-firing-on-their-own/
- https://www.npr.org/2024/07/26/nx-s1-5023043/sig-sauer-guns-military-new-hampshire-investigation
- Image by aleksandarlittlewolf on Freepik
