Sig Sauer Pistol Defect Sparks New Wave Of Litigation

What You Need to Know

• Pennsylvania’s Saltz Mongeluzzi sued Sig Sauer in New Hampshire federal court over an allegedly defective gun.
• The plaintiffs are 20 individuals who are trained in firearm safety and claim the P320 unintentionally discharged.
• Saltz Mongeluzzi partner Robert Zimmerman said the plaintiff’s backgrounds mitigate assumptions that the guns malfunctioned due to user error.

Amid increasing litigation over an allegedly defective pistol design, gun manufacturer Sig Sauer was hit with claims from another 20 plaintiffs in New Hampshire federal court Monday.

A Saltz Mongeluzzi Bendesky attorney leading the suit said the plaintiffs were carefully selected to provide an edge in advancing the products liability claims against the defendant.

According to the 145-page complaint, the plaintiffs are “a group of highly trained and experienced firearms users,” all of whom allege the Sig Sauer P320 harmed them.

“Their experience with guns tells you all you need to know about whether this gun has a problem when the most experienced users are having these incidents,” said Robert Zimmerman, a partner at Saltz Mongeluzzi who is based in its Philadelphia office.

The 20 plaintiffs include federal law enforcement agents, police officers, combat veterans and firearms instructors from across the United States.

The complaint characterizes the P320 as “the most dangerous pistol sold in the United States market.” The plaintiffs claim that defects in the gun’s design make it prone to unintentional firing.

Zimmerman said there is an assumption that when a gun goes off, it’s the user’s fault. By curating a group of persons with experience with firearms safety, Zimmerman said, plaintiffs counsel can mitigate that assumption.

“Their experience with handguns and arms speaks volumes for the number of incidents that are occurring,” Zimmerman said.

According to the complaint, the plaintiffs have identified over 150 incidents of the P320 unintentionally going off. Zimmerman said the plaintiff’s claims are distinct from claims made against gun manufacturers in the past because they allege the pistol lacks an external safety that is present on other similar guns.

As of Wednesday, no attorneys have appeared to defend Sig Sauer in Saltz Mongeluzzi’s most recent suit, but Littleton Park Joyce Ughetta & Kelly represents the company in related litigation.

Littleton Park partner Kristen Dennison did not respond to a request for comment, nor did a media contact for Sig Sauer.

Zimmerman said Saltz Mongeluzzi continues receiving calls from potential clients regularly, but the firm has turned some clients away, vetting plaintiffs based on how the incident occurred.

The Pennsylvania firm brought its most recent suit against Sig Sauer, captioned Bevacqua v. Sig Sauer, in the U.S. District Court for the District of New Hampshire in the defendant’s home state. It is working alongside attorneys with New Hampshire-based Douglas, Leonard & Garvey.

According to Zimmerman, the suit brings the total number of Saltz Mongeluzzi clients in litigation against the gunmaker to 49, with about 20 more clients who have not yet filed.

Those cases are spread nationwide, including in Florida, New York, Pennsylvania and Georgia. Zimmerman said the firm sought to file the more recent batch in one court, given the number of plaintiffs.

None of the P320 suits have gone before a jury yet, but Zimmerman said he expects to see trials later this year.

Zimmerman also said he expects that, as the litigation progresses, more potential plaintiffs will come forward. “We are just scratching the surface of how many incidents we believe are out there,” he said.