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Thread: And Yet Another 320 Lawsuit?

  1. #141
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    Quote Originally Posted by psalms144.1 View Post
    Yes. I will be VERY surprised if that turns out to be the case, despite Sig's constant, never ending attempts to turn the results of their design and manufacturing issues into "operator errors."
    You should know better.

    Even if the current P320 is still a flawed design, which is certainly possible, the majority of Unintentional Discharges will still be Negligent Discharges not Accidental/Mechanical Discharges.

    A prior poster mentioned attorneys trolling for cops who ND with P320s. There is no question current Glocks are drop safe in factory form yet how many cops ND with Glocks and then try to get paid via lawsuits ? The answer is lots of them.

  2. #142
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    So apparently the P320 is the new Twinkie defense....

    https://www.seacoastonline.com/story...ce/4254724001/

    Man charged in wife's shooting death blames gun maker Sig Sauer

    NEWINGTON ó A Colorado man facing charges in his wife's shooting death is suing Sig Sauer, claiming the gun manufacturer is to blame because the weapon went off without him pulling the trigger.

    Justin Schneider recently filed the negligence and wrongful death lawsuit in federal district court against the gunmaker on behalf of him and his wife's estate. Sig Sauer's headquarters are located in New Hampshire at Pease International Tradeport.

    The suit mirrors lawsuits filed across the country involving the semi-automatic gun known as the P320.

    Schneider is being represented by attorney Benjamin King, of Douglas, Leonard & Garvey. Attempts to reach him were not immediately successful. The Concord attorney also represents Kyle Guay, of Hillsboro, who filed a similar suit against Sig Sauer in July 2020 alleging his Sig P320 pistol fired without him pulling the trigger as well as Derick Ortiz, who filed a class-action lawsuit in 2019 against the gunmaker alleging the P320 pistol could inadvertently discharge when dropped due to a design flaw.

    Schneider is facing manslaughter and criminally negligent homicide charges in Otero County, Colorado in connection to his wife Wendy Schneider's death in December of 2018.

    He is scheduled for a pre-trial conference Feb. 4 with a jury trial slated for March 2.

    Wendyís daughter, Rylea Howe, said she wasnít aware of her stepfatherís lawsuit against Sig Sauer. However, the police I have been a police officer for five years, in my training and experience guns just donít go off,Ē Howe said. ďThey are mishandled and thatís what causes them to fire.Ē

    Howe said she was living with her mother and Schneider in 2018 but was not home when the shooting occurred.

    She says there were issues in the marriage and that her mother was getting ready to leave him. She said an exam of the gun by authorities showed there was nothing wrong with it, and that her stepfather was experienced with firearms and knew not to point a loaded weapon at someone. officer doesnít believe the gun was at fault or Schneiderís story that her mother's death was an accident.

  3. #143
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    Quote Originally Posted by RevolverRob View Post
    It's good question. I don't know the exact amount, but Kahr says "pre-tensioned". Given the amount of trigger stroke needed to set one off, I'd guess "pre-tensioned" was at best equivalent to half-cock. But I'd bet it's more like, "quarter cock".

    The one advantage Kahr has is that it's striker design is proven and very safe. If one is used to a DA revolver the Kahr is an easy transition. The major disadvantage is capacity and a finicky design in terms of reliability. As someone said here earlier this week, "If the one you get doesn't work, dump it and get another." These days it seems like it's only a fraction of the guns that don't work vs. do.
    I had one of the original metal frame Kahr before they came out with polymer frames. It worked just fine with no issues. It was 9mm and very early production

  4. #144
    Quote Originally Posted by HCM View Post
    So apparently the P320 is the new Twinkie defense....

    https://www.seacoastonline.com/story...ce/4254724001/

    Man charged in wife's shooting death blames gun maker Sig Sauer
    If his defense from the beginning was that it was an accident and it fired without the trigger being pressed, Iíd at least say itís believable. If thatís his story now based on him seeing the other suits and thinking thatís a great defense... well that wonít play well for a jury I donít believe.

  5. #145
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    Quote Originally Posted by El Cid View Post
    If his defense from the beginning was that it was an accident and it fired without the trigger being pressed, Iíd at least say itís believable. If thatís his story now based on him seeing the other suits and thinking thatís a great defense... well that wonít play well for a jury I donít believe.
    If heís into guns he could well have foreknowledge of the July 2020 suit. The other question is was it an original pre/non upgrade model ? An upgraded model or a current production gun ?

    And original model or an upgraded original model would be more plausible, But even then it should require a drop or impact not merely touching the gun.

    Even if it was a mechanical failure you could still argue negligence for pointing the weapon at the wife at all. Especially if he knew about the P320 issues prior to the shooting.

  6. #146
    And another one.

    https://www.inquirer.com/business/si...-20210227.html


    Sent from my iPhone using Tapatalk

  7. #147
    Quote Originally Posted by HCM View Post
    If heís into guns he could well have foreknowledge of the July 2020 suit. The other question is was it an original pre/non upgrade model ? An upgraded model or a current production gun ?

    And original model or an upgraded original model would be more plausible, But even then it should require a drop or impact not merely touching the gun.

    Even if it was a mechanical failure you could still argue negligence for pointing the weapon at the wife at all. Especially if he knew about the P320 issues prior to the shooting.
    I'm with you - and I'm not suggesting he should avoid responsibility for what happened. I was just curious if this defense is new based on media reporting (lots of "gun folks" I know are oblivious to the Sig 320 issues), or if when the cops arrived on scene he was claiming the gun just went off on its own.

  8. #148
    Site Supporter Suvorov's Avatar
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    Quote Originally Posted by El Cid View Post
    If his defense from the beginning was that it was an accident and it fired without the trigger being pressed, Iíd at least say itís believable. If thatís his story now based on him seeing the other suits and thinking thatís a great defense... well that wonít play well for a jury I donít believe.
    Well - according to a certain high profile San Francisco criminal case, even SIG DAK's can go off by themselves.

  9. #149
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    Quote Originally Posted by WOLFIE View Post
    I had one of the original metal frame Kahr before they came out with polymer frames. It worked just fine with no issues. It was 9mm and very early production
    Plus one. The K9 I carried for most of my career as a BUG was one of the original all steel models, from when that was the only gun in the line. Its quality is without doubt and it never failed once.
    We may lose or we may win, but we will never be hear again.......

  10. #150
    Site Supporter JonInWA's Avatar
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    Quote Originally Posted by HTM View Post
    And another one.

    https://www.inquirer.com/business/si...-20210227.html


    Sent from my iPhone using Tapatalk
    Not that we're likely to find out, but I'm very curious of the weapon's production date.

    Best, Jon

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