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What’s the Problem?
Before the U.S. Army adopted the Sig Sauer P320 as its official field pistol in 2016, the military put the gun through a series of tests. These included a drop test, which found that the P320 would discharge when it hit the ground from certain angles.
Sig Sauer updated the trigger mechanism to fix the problem but only made the change on military-issued P320s. The original model continued to be sold to civilians for more than 1 year afterward.
The Army’s widespread use of the P320 led many police departments nationwide to adopt it as their official pistol, without realizing they were using the gun that had failed the Army drop tests, according to CNN [1].
At least 3 police officers were injured when their P320s were unintentionally discharged, including 1 officer who claimed she was pulling it out of the holster when the discharge occurred, striking her in the femur. CNN also found at least 6 additional reports of accidental discharges by Sig Sauer P320 pistols.
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Has the P320 Been Recalled?
No. Instead of recalling the P320, Sig Sauer is only offering customers a free “voluntary upgrade,” while insisting that the gun is safe. The company also recently settled 1 class action suit, offering P320 owners a refund, replacement, or free repairs. Multiple other lawsuits for individual injuries are currently pending.
Sig Sauer Facing New Lawsuit Over P320 Pistol
April 20, 2023 – SIG Sauer is facing a new lawsuit filed on behalf of 20 plaintiffs — including federal agents, police, and civilians — who allege they were injured after their Sig Sauer P320 pistols fired without a trigger pull, according to the New Hampshire Union Leader [2.].
The lawsuit is the most recent in a series of similar lawsuits filed against Sig Sauer, each alleging that the P320 pistol was designed with a flaw that causes unintentional discharges of the firearm, even sometimes while holstered. The plaintiffs are calling for Sig to recall the P320.
The new complaint alleges that the P320 is “the most dangerous pistol sold in the United States market.”
In September 2022, a federal judge ruled in SIG Sauer’s favor in a product liability lawsuit filed on behalf of a man who claims he was hit in the leg by a bullet because his P320 was fired without him pulling the trigger.
Plaintiff Kyle Guay alleged that SIG Sauer sold the P320 pistol in an unreasonably defective condition which allowed it to fire without the trigger being pulled under certain conditions.
Judge Landya McCafferty ruled Guay failed to prove SIG Sauer knew an advertisement — a “Safety Without Compromise” notice that Guay said he read on the gunmaker’s website before purchasing his P320 in December 2016 — was false.
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FAQs
What are common defenses used by Sig Sauer in these lawsuits?
Common defenses include arguing that the firearm was not defective, that the plaintiff mishandled the firearm, or that modifications or improper maintenance contributed to the unintended discharge.
Can I still file a lawsuit if I experienced a near miss with a Sig Sauer P320 but was not injured?
You may still be able to file a lawsuit if you can demonstrate that the defect posed a significant risk of harm. However, compensation may be limited compared to cases involving actual injuries.
What should I do if my claim related to the Sig Sauer P320 is denied?
If your claim is denied, consult with an attorney to explore further legal action. An attorney can help challenge the denial and pursue compensation.
How can I prevent accidents if I own a Sig Sauer P320?
Ensure the firearm is stored safely, avoid carrying it with a round chambered if possible, and stay informed about any updates or recalls from Sig Sauer regarding the P320.
See all related product liability lawsuits our attorneys covered so far.
Do I Have a Sig Sauer P320 Lawsuit?
The Product Liability Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Sig Sauer P320 Lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.
If you or a loved one has been injured by a recalled firearm, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.