Gun owner takes aim at Sig Sauer in lawsuit over alleged drop fire defect

[Wendell]

Dante Gordon argues Sig Sauer failed to disclose the safety defect and alleges warranty violations, fraud and other claims related to the safety of the P320 pistol he bought in Texas in 2014. Gordon says the gun is defective and susceptible to unintentional drop fire. Gordon’s suit said the gun maker never issued a mandatory recall, but instead announced a free voluntary upgrade in August 2017. Sig Sauer has not yet submitted a formal response to the suit, which was filed in U.S. District Court in Texas.
https://www.unionleader.com/news/courts/gun-owner-takes-aim-at-sig-sauer-in-lawsuit-over/article_65000be4-7cbb-54aa-8071-e94129f52d0a.html

[Totem Polar]

Following...

[Bucky]

Sig clearly advertised how the gun was drop safe without the need for a trigger safety. Not all guns are drop safe, but their problem is they claimed it to be.

[RJ]

I’m not a lawyer but I have a question: can ‘anyone’ join a class action lawsuit?

Say, a Sig owner who thinks like the original suit filer i.e. has a SFA that has had/does have issues regarding ‘drop safe’?

Also: can Sig settle out of court in this case?

Just curious. Be interesting how this suit proceeds.


Sent from my iPhone using Tapatalk

[fixer]

Good. I think this is healthy.

[Glenn E. Meyer]

Of course, they could settle out of the court. That's the plan.

Also, not being a lawyer, what are the damages? Sig fixes the guns for free, isn't that enough?

BTW, as precedent - there was a CourtTV (when that existed) case of a guy who dropped a Ruger single action revolver with a round under the hammer (before the fix) and it shot him. He sued. It was shown that he knew about the danger and ignored the recall, which he knew about it. He lost the case but Ruger still gave him a chunk of money to stop any appeals.

[Sero Sed Serio]

Also, not being a lawyer, what are the damages? Sig fixes the guns for free, isn't that enough?

The plaintiff is probably hoping for punitive damages. The majority of the judgment in the infamous McDonalds hot coffee lawsuit was punitive, and that figure was based on one day’s worth of coffee sales.

[Glenn E. Meyer]

There was physical injury in the coffee case.


Stella Liebeck, a 79-year-old woman who suffered third-degree burns in her pelvic region when she accidentally spilled hot coffee in her lap after purchasing it from a McDonald's restaurant, ultimately Liebeck was only awarded $640,000. Liebeck was hospitalized for eight days while she underwent skin grafting, followed by two years of medical treatment. wiki quote.

So did the 320 shoot anybody in the meat?

[DocGKR]

Sig knew about failed drop testing of the 320/XM17 for over a year before they publicly announced the "upgrade"/recall.....

[Alpha Sierra]

deleted

[Sero Sed Serio]

There was physical injury in the coffee case.

wiki quote.

So did the 320 shoot anybody in the meat?

I have no personal knowledge about the TX case, but the plaintiff will have to show some sort of loss, injury, or damages, no matter how small, to justify the suit. I suspect the end goal is a large punitive payout (or pain and suffering if there was injury). I don’t do civil, but I suspect such an end result is unlikely without serious physical injury.

[HCM]

Who is Dante Gordon and why is he the plaintiff ?

Was he injured by a dropped P320 ?

Early Glocks with the black internals were also not fully drop safe and Glock knew about it. The failures in DEA testing prompted Glock to do the original “it’s an upgrade not a recall.”

SIG is just taking a page from Glocks proven playbook. Whether that precedent helps SIG is a question for the lawyers.

[jlw]

So did the 320 shoot anybody in the meat?

I’ve heard tale of of cop who removed his holstered pistol (Safariland holster with a QLS attachment) and put it on top of a cabinet or similar while gearing up for a call out. The holster pistol was knocked to the ground and discharged wounding the officer.

I have no documentation for this incident.

It is what supposedly lead to Sig doing their “upgrade”.

[JSGlock34]

SIG knew about the drop safe issues from the MHS test well before it became public knowledge.

[DocGKR]

That is correct...

[0ddl0t]

Sig clearly advertised how the gun was drop safe without the need for a trigger safety. Not all guns are drop safe, but their problem is they claimed it to be.

And it passed all the standard drop tests. It only discharged if dropped/hit at the precise angle required for the momentum of the trigger to pull itself.

From a goodwill standpoint, I still think Sig should have issued a recall for the early 320 (and March-April 2018 P365s), but they may be falling back on "it met the standards of the time." Of course, so did the Pinto...

[Lon]

I’ve heard tale of of cop who removed his holstered pistol (Safariland holster with a QLS attachment) and put it on top of a cabinet or similar while gearing up for a call out. The holster pistol was knocked to the ground and discharged wounding the officer.

I have no documentation for this incident.

It is what supposedly lead to Sig doing their “upgrade”.

If I remember right that incident was caught on surveillance’s cameras at his agency.