20 Federal Agents, Police Officers And Private Citizens Sue Sig Sauer For Unintended Discharges Of Its P320 Guns
Latest mass-action filing to hold global gunmaker accountable and avert more injuries
Concord, New Hampshire (March 28, 2023) – A group of 20 highly-trained gun users, including federal agents, police, and civilians, yesterday sued global gun manufacturer Sig Sauer for damages related to gunshot wounds and permanent injuries suffered as a result of unintentional firings by its model P320 pistols. They join dozens of others who have sued the New Hampshire-based company and are calling for it to make critical safety design improvements. The lawsuit (Bevacqua et al v. Sig Sauer, Inc. No. 1:23-cv-00209), filed in U.S. District Court by Saltz Mongeluzzi Bendesky P.C. (SMB), alleges the P320 is “the most dangerous pistol sold in the United States market.”
The complaint is the latest in a series of starkly similar filings across the country, the majority brought by Saltz Mongeluzzi Bendesky; they allege the P320 is defectively designed. The firm now represents 49 Sig Sauer P320 users in lawsuits against the manufacturer and dozens more complaints are planned. The firm’s continuing investigation has now revealed in excess of 125 instances where P320s have unintentionally discharged, often with the gun holstered and the owner’s hands clear of the weapon. The firm says it is continuing to uncover more and more unintended firings and related injuries, and while some of these victims have narrowly escaped injury, the vast majority were wounded and their lives permanently changed.
Attorney Robert W. Zimmerman said after the filing, “We are calling on Sig Sauer to do what it should have done long ago – recall the P320 weapon and redesign the gun with the types of safeties used by its competitors. Every time we speak with a new injured victim, they all want the same thing- to make sure this doesn’t happen again. We fear that more and more Americans- law enforcement and responsible gun owners alike- will continue to fall victim to this weapon until Sig makes the reasonable choice to protect its customer base and the community at large.”
Attorney Robert J. Mongeluzzi said, “After every lawsuit that we have filed, more and more users have contacted us regarding their injuries from unintended discharges of their P320s. Every complaint adds to the avalanche of evidence regarding the danger of this product, and we urge anyone who has experienced a P320 accidental discharge to contact us immediately.”
Attorney, and Army veteran, Daniel L. Ceisler noted, “These Plaintiffs, like the many before them, were misled by Sig Sauer. If Sig Sauer will not make this gun safe, we will look to the justice system to hold them accountable.”
The plaintiffs are federal and local law enforcement officers and private gun owners, including:
U.S. Army Veteran Cody Higgins, an Oregon resident and retired combat veteran who earned a Bronze Star Medal with Valor in Afghanistan, and later served as an Army firearms instructor. Mr. Higgins purchased a P320 for personal protection following retirement. His P320 fired when he holstered the weapon without touching the trigger. He suffered injuries including tissue maceration and nerve damage.
Milwaukee Police Officer Charles Laskey-Castle, a five-year veteran of the force, injured on September 10, 2022, when his partner’s fully-holstered P320 unintentionally discharged and struck Officer Laskey-Castle in his left thigh. His partner never touched the trigger. Officer Laskey-Castle was the fifth Milwaukee Police Officer injured by a P320 before the city stopped using the weapon because of safety concerns for its officers and the public.
Virginia State Police Trooper Marcos Hernandez, a 10-year VSP veteran, injured by his P320 while walking into his department headquarters on January 24, 2023. Despite Trooper Hernandez’s P320 being fully holstered and his hands completely off of the gun, his P320 fired a round into his right leg causing life-altering injuries.
Saltz Mongeluzzi Bendesky filed the action, pending its local admission, along with local New Hampshire counsel Benjamin T. King of Douglas, Leonard & Garvey, P.C. The lawsuit claims that the trigger and firing unit’s spring-loaded design, and the lack of external safeties, make the gun dangerously susceptible to unintended discharges.
The filing is the latest legal development over the company’s gun that has been heavily marketed as being immune from unintended firing. The lawsuit alleges deceptive marketing practices in addition to the defect claims. Sig Sauer continued this false marketing initiative even after it had learned that the gun was susceptible to the hazard described in the New Hampshire Complaint.
The complaints, seeking compensatory and punitive damages, also state, “Sig Sauer manufactures the only single-action pistols on the market that are not equipped with any form of external manual safety.” A copy of the newly-filed lawsuit, and additional related information on the Sig Sauer litigation – and the gun’s troubled history – can be found at www.smbb.com/SigSauer.
Contacts:
Robert W. Zimmerman / rzimmerman@smbb.com / 215-575-3898
Steph Rosenfeld / steph@idadvisors.com / 215-514-4101