Federal judge rules in favor of SIG Sauer in P320 liability lawsuit

Paul Feely

New Hampshire, Manchester Labor Leader

September 12 – A federal judge has ruled in favor of gunsmith SIG Sauer in a product liability lawsuit brought by a Hillsborough man, who alleged he was shot in the leg because his pistol fired without pull the trigger.

The plaintiff, Kyle Guay, alleged that SIG Sauer sold the P320 pistol in an unreasonably dangerous condition. The lawsuit claimed the gun had a flaw, allowing it to fire without the trigger being pulled under certain conditions.

Last week, Judge Landya McCafferty ruled that Guay failed to prove that SIG Sauer knew of an advertisement – an “uncompromising safety” notice that Guay said he read on the gunsmith’s website before he buying his P320 in December 2016 – was wrong.

In this advertisement, SIG Sauer promised that the P320 “won’t trip unless you want it to”.

SIG Sauer, headquartered in Newington, is known for producing weapons for the military and law enforcement.

Court documents show Guay presented video footage of a suspected misfire of a P320 in Roscommon, Michigan, which occurred on February 4, 2016. The video was from the body camera of the Officer Michael Richardson of the Roscommon Sheriff’s Department.

The video begins with Officer Richardson sitting in his patrol car on the side of a highway to help a stuck car in a snowstorm. The video shows Officer Richardson getting out of his patrol car when suddenly his P320 in its holster goes off.

In his incident report, dated February 4, 2016, Officer Richardson wrote: “As I exited the patrol vehicle, my gun discharged while fully holstered.

After the incident, a sergeant from the County Roscommon Sheriff’s Department investigated. The sergeant discovered that as Constable Richardson got up to get out of his car, the driver’s side seat belt had somehow dislodged the trigger, according to court documents. At trial, the findings of the sheriff’s department were presented in the form of an affidavit.

Even though the Roscommon incident occurred in February 2016, there was no evidence that SIG Sauer became aware of the incident (or saw the video) shortly after the incident,” writes McCafferty in his decision.

Court documents show that the only evidence presented at trial that anyone at SIG Sauer had seen the Roscommon video was a deposition from a SIG Sauer corporate executive that took place on January 10, 2019, which established that employees from SIG Sauer had looked at Roscommon’s body camera. video and the company had, at one time, a copy in its possession.

But the evidence at trial did not establish when SIG Sauer first became aware of the incident, McCafferty writes.

Other than Guay’s testimony and the video, Guay presented no other evidence regarding specific P320s and alleged misfires, according to court documents.

“The strongest evidence presented at trial that SIG Sauer knew or should have known that the P320 could potentially fire without intentional trigger pull is the Roscommon incident,” McCafferty writes. “However, no evidence was presented at trial to show that SIG Sauer knew of the Roscommon incident at the relevant time: in December 2016, when Guay bought his P320 in reliance on advertising. The evidence only established that SIG Sauer saw the Roscommon video on January 10, 2019, more than three years after Guay purchased his gun.

In his lawsuit, Guay – who said he had “substantial firearms experience” – claims he was removing his SIG Sauer holster with his SIG P320 secured in it on January 28, 2020, “when the gun fired and hit him in the right thigh without him ever touching the trigger.

“The hollow-point bullet she fired left a gaping wound in her thigh, caused nerve damage, and left pieces of the holster blown on the floor,” the lawsuit alleges. The lawsuit claims that Guay suffered “serious and permanent physical injury and disfigurement.”

Guay was claiming double or triple damages for the injuries sustained and his loss of employment.


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