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Sig Sauer Model P320 Pistol Out-of-Battery Firing Incidents Class Action

Sig Sauer, Inc. has traditionally designed hammer-fired pistols, but its model P320 is a striker-fired pistol. The complaint for this class action alleges that the P320 is defective, because it was designed without an item known as a disconnector safety. The lack of this item allows the pistols to fire when dropped or in an out-of-battery state, the complaint claims, even as Sig claims that the pistols are safe and exceed US safety standards.

The class for this action is all individuals who bought one or more Sig model P320 pistols in the US from 2014 to the present. Missouri and Illinois subclasses have also been proposed.

Shortly after the P320 was released, the complaint says, purchasers began complaining about unintentional firings. Sig offered a “voluntary upgrade” in August 2017 that was intended to stop the pistols from firing when dropped, but the complaint alleges that the upgrade did not address all the defects and that the pistols could still fire when in an out-of-battery state.

An out-of-battery firing occurs when the explosion of firing is not contained inside the gun. Normally, when the hammer or striker hits, it creates an explosion that is contained inside the chamber of the firearm and used to propel the bullet from the barrel. The P320’s defect, the complaint alleges, allows the explosion “to expand in a non-forward or uncontrolled direction,” which can damage the pistol or the person firing it. A disconnector safety prevents the gun from firing when the explosion cannot be properly contained.

Plaintiff Timothy DeLisle bought his P320 in March 2017. The following month, when he was firing off ammunition round number sixteen, according to the complaint, an out-of-battery event occurred, damaging the pistol. Although he was using factory ammunition, when DeLisle returned it to Sig for repair, the company blamed the ammunition, charged him for the repair, and did not install a disconnector safety.

The complaint says that second out-of-battery event occurred in December of the same year, causing the extractor and magazine to blow out of the pistol and its frame to crack and break in several places. At the time, DeLisle says, he had put fewer than 200 rounds through the gun. Again, Sig told him the ammunition was to blame.

During its upgrades, Sig added a mechanical disconnector, which the complaint says is an admission that Sig knew about the out-of-battery issue but decided to address it only for those who applied for its voluntary upgrade. Also, the complaint says, even this addition is defective, because it still allows out-of-battery events.

The complaint alleges breach of warranty, violation of state consumer protection laws, and unjust enrichment.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Sig Sauer Model P320 Pistol Out-of-Battery Firing Incidents Complaint

April 6, 2018

Sig Sauer, Inc. has traditionally designed hammer-fired pistols, but its model P320 is a striker-fired pistol. The complaint for this class action alleges that the P320 is defective, because it was designed without an item known as a disconnector safety. The lack of this item allows the pistols to fire when dropped or in an out-of-battery state, the complaint claims, even as Sig claims that the pistols are safe and exceed US safety standards.

sig_sauer_defective_pistol_complaint.pdf

Case Event History

Sig Sauer Model P320 Pistol Out-of-Battery Firing Incidents Complaint

April 6, 2018

Sig Sauer, Inc. has traditionally designed hammer-fired pistols, but its model P320 is a striker-fired pistol. The complaint for this class action alleges that the P320 is defective, because it was designed without an item known as a disconnector safety. The lack of this item allows the pistols to fire when dropped or in an out-of-battery state, the complaint claims, even as Sig claims that the pistols are safe and exceed US safety standards.

sig_sauer_defective_pistol_complaint.pdf
Tags: Defective Product, Firearms