Sig Sauer P320 Lawsuits
A deputy sheriff from Somerset County, Maine, is taking legal action against firearm producer Sig Sauer. The deputy, Detective David A. Cole, alleges that his department-issued P320 handgun went off spontaneously, striking his leg and causing significant injury, even though he never touched the trigger.
The legal complaint, lodged in Somerset County Superior Court, accuses the New Hampshire-headquartered firearm company of negligently designing and marketing a flawed weapon without properly alerting consumers to its deficiencies.
The litigation arises from a May 4, 2022, event when Detective Cole was part of a law enforcement team conducting a standard search warrant in Sangerville, Maine. Sig Sauer operates its main offices and a manufacturing plant in Newington, New Hampshire, situated in the Pease International Tradeport.
According to the filed complaint, after concluding the search, Cole left the premises with both hands gripping his jacket, not his holstered weapon. As Cole approached his vehicle, a gunshot reverberated, prompting immediate concern among the officers that they were under attack. It wasn’t until shortly after that Cole discovered he had been wounded by his own P320 pistol, which was secured in its holster at his side.
The bullet caused complex fractures in Cole’s right leg, traveling through his thigh before exiting and re-entering near his calf, ultimately becoming lodged in his ankle. Cole underwent emergency surgery and faced ongoing physical therapy and “lasting physical and emotional trauma,” according to the lawsuit.
Bigos stated that the objective of the lawsuit is to hold Sig Sauer responsible for producing a “dangerously flawed weapon” and for the injuries Cole suffered as a result.
Multiple Lawsuits Filed Against Sig Sauer
Cole joins a growing list of individuals who have filed analogous legal actions against Sig Sauer, alleging that the P320 — a model commonly used by both law enforcement and the military — fires inadvertently without trigger activation. The lawsuits aim to secure financial compensation for victims and safeguard other law enforcement personnel and military service members from a purportedly defective weapon.
The lawsuits argue that the P320 lacks standard safety measures and can be discharged unintentionally. Despite the company’s claims that the firearm only fires when the user intends it to, the lawsuit contends that the P320 lacks external safety mechanisms that are standard in similar products, making it prone to accidental discharge.
The complaint further alleges that Sig Sauer was aware of the P320’s propensity to fire without trigger activation but did not sufficiently warn its customers. Although the company has released two “voluntary upgrades” for the weapon, there has been no official recall—something the company has done for other, less popular products.
Sig Sauer Refutes Claims
Sig Sauer has yet to comment on the recent allegations. However, earlier this year, in response to a report by The Washington Post and The Trace, the company firmly denied that the P320 could fire without manual trigger activation.
Following the incident involving Cole, the Somerset County Sheriff’s Office has reportedly canceled its order for additional P320 pistols and is in the process of acquiring new weapons. Requests for confirmation from Somerset County Sheriff Dale Lancaster and other department officials went unanswered as of late Monday.
What Types of Harm Can a Defective Firearm Cause?
Firearms are designed to be powerful tools, and they inherently come with risks. However, when a firearm is defective, the risks can escalate dramatically, posing a significant danger not only to the person using the gun but also to bystanders. Here are some of the types of harm that can be caused by a defective firearm:
Physical Injury
- Unintended Discharge: The most direct form of harm is physical injury due to accidental or unintended discharge of the weapon. This can result in wounds ranging from minor to fatal.
- Multiple Fires: In some instances, a malfunction may cause a semi-automatic weapon to fire like an automatic weapon, discharging multiple rounds unexpectedly and increasing the chance of injury.
- Barrel Explosion: A defect in the gun’s barrel could cause it to explode upon firing, leading to severe injuries, including burns, lacerations, and even the loss of limbs.
- Faulty Safety Mechanism: If the safety features on a gun malfunction, it can lead to accidental firing when the user believes the weapon is safe, posing a significant risk of injury.
Emotional and Psychological Trauma
- Post-Traumatic Stress Disorder (PTSD): Survivors of firearm accidents can suffer from PTSD, affecting their long-term mental health.
- Anxiety and Depression: The emotional toll of being involved in a shooting accident, especially one that results in injury or loss of life, can lead to long-term mental health issues like anxiety and depression.
Legal Consequences
- Criminal Liability: In some jurisdictions, unintended discharge due to a defective firearm could still lead to criminal charges such as reckless endangerment.
- Civil Liability: Victims or their families may file lawsuits seeking compensation for medical costs, loss of income, and emotional distress.
Social and Professional Repercussions
- Stigma: Being involved in a gun accident can carry a social stigma, impacting relationships and community standing.
- Career Impact: For professionals like law enforcement officers, a firearm accident can have serious implications for their career, potentially leading to suspension, termination, or a decline in professional reputation.
Loss of Life
In the worst-case scenario, defective firearms can cause loss of life, affecting not just the person operating the weapon but potentially also bystanders.
Harm to Property
- Damage: Accidental discharge can result in damage to property, which can be costly to repair.
- Fire: In some cases, a firearm accident could result in a fire, causing further damage.
Because of these varied and significant risks, it is crucial for manufacturers to adhere to stringent quality and safety standards. Regulatory agencies must also perform their roles effectively to ensure that defective products are not in circulation, thereby protecting public safety. When a manufacturer creates a product that harms consumers, victims need to seek compensation for their injuries and damages.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
Parker Waichman LLP helps families recover monetary compensation for harm caused by defective products like this potentially dangerous firearm. For your free consultation, contact our national product liability law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).
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