There have been four cases that resulted in jury verdicts to date (Guay, Lang, Abrahams, and Desrosiers). The Guay and Desrosiers cases resulted in a verdict in favor of SIG:
Guay v. Sig Sauer Inc.
In this case, the plaintiff argued the P320 is defective because it does not have a manual safety or tabbed trigger. The subject pistol was issued to him by his police department. The department specifically selected the pistol without a manual safety. An officer from his department testified at the trial that the department would not have selected a pistol with a manual safety and that they did not want a pistol with a tabbed trigger.
The Lang and Abrahams cases, both decided by jury pools from extremely plaintiff-friendly jurisdictions, resulted in plaintiffs’ verdicts. We are currently challenging these verdicts. Here are the facts:
Lang v. Sig Sauer Inc.
In this case, the plaintiff argued that the P320 is defective because it does not have a tabbed trigger and that a tabbed trigger would have prevented the discharge. However, both he and his experts admitted that the trigger was pulled but did not know what pulled the trigger or how the trigger was pulled.
Further, the plaintiff initially admitted to the police that he accidentally discharged his gun while pulling it out of the holster then later changed his story stating that the firearm discharged without a trigger pull. However, the Plaintiff’s story notably changed again, after hiring trial experts who agreed that the SIG SAUER P320 could not discharge without the trigger being pulled.
The physical evidence in this case showed that the pistol was partially removed from the holster at the time of discharge. Tabbed triggers are designed in some striker-fired models to reduce the likelihood of firing from rough handling or drops. However, they will not prevent negligent discharges from unintentional trigger pulls. The gun operated as intended – it fired when the trigger was pulled.
Abrahams v. Sig Sauer Inc.
In this case, the plaintiff argued that the P320 is defective because it does not have a manual safety or tabbed trigger and that the holster was defective allowing access to the trigger. However, the plaintiff agreed the trigger on his P320 pistol was pulled fully rearward with at least 7 pounds of force. The P320 pistol is designed to discharge when the trigger is pulled – exactly what happened in this case.
Further, the plaintiff ignored numerous safety rules and warnings in handling his gun and had never trained with or fired his gun before the discharge occurred despite having purchased it more than a year and a half before his accident.
The jury agreed that the plaintiff’s own negligence contributed to his accident in finding the plaintiff 35% contributorily negligent.
Desrosiers v. Sig Sauer Inc.
In this case, the plaintiff argued that the P320 is defective because it does not have a manual safety or tabbed trigger and that the holster was defective allowing access to the trigger. However, the plaintiff agreed the trigger on his P320 pistol was pulled fully rearward with at least 7 pounds of force. The P320 pistol is designed to discharge when the trigger is pulled – exactly what happened in this case.
The plaintiff's discharge occurred when he unintentionally pulled the trigger of his unholstered pistol while "pushing, pulling, and twisting" the pistol to try to shove it into the waistband of his pants while walking and carrying numerous items in his other hand. The incident was captured on video. Evidence showed the plaintiff violated dozens of safe firearm handling principles, his own department's handbook, and basic tenets of firearm safety. Plaintiff's firearms expert agreed the P320 could not fire unless the trigger was pulled. He confirmed the plaintiff's trigger was pulled with at least 6.5 pounds of force.
The jury ruled in favor of SIG SAUER, finding that the plaintiff was the cause of his injuries.