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NH man's lawsuit claims SIG Sauer pistol fired without trigger pull
By Paul Feely New Hampshire Union Leader Jul 6, 2020 Updated Jul 9, 2020


CONCORD — A lawsuit seeking damages has been filed by a Hillsborough man against New Hampshire arms manufacturer SIG Sauer, claiming his Sig P320 pistol fired without him pulling the trigger, causing a bullet to become lodged in his thigh.

The lawsuit, filed July 2 in U.S. District Court in Concord by Kyle Guay, 32, seeks double or triple damages for injuries suffered and his loss of employment. Guay also asks the court to order SIG Sauer to issue a mandatory recall of P320 pistols with a warning to gun owners saying “the weapon can fire without a trigger pull.”

In his lawsuit, Guay — who has “substantial firearms experience” — claims he was taking off his SIG Sauer holster with his SIG P320 secured in it on Jan. 28 “when the pistol fired and hit him in the right thigh without him ever touching the trigger.”

“The hollow point bullet it discharged left a gaping wound in his thigh, caused nerve damage, and left pieces of the blown apart holster across the floor,” the lawsuit claims.

According to court documents, Hillsborough police responded and noted “historical problems” with the pistol and determined the gun went off inside the holster. Police noted “there is no reason or evidence to suggest that Guay negligently or purposely discharged the firearm into his own leg.

The lawsuit claims Guay suffered “severe, permanent physical injury and disfigurement” injuries. Guay’s suit lists a series of alleged incidents where SIG P320 pistols fired without a trigger pull, including many by law enforcement officers.

Sig Sauer
Sig Sauer’s U.S. operations are based in Newington.

KIMBERLEY HAAS/UNION LEADER CORRESPONDENT
The lawsuit includes a transcript from a body cam recording of Roscommon, Mich. police officers from an incident in 2016 when one officer was exiting a vehicle and his holstered P320 fired.

A Stamford, Conn., SWAT officer sued SIG Sauer in August 2017 after his holstered pistol fell and discharged a bullet into his knee, Guay’s lawsuit claims.

Four days later, according to court paperwork, SIG Sauer “issued a press release stating that the P320 could fire without a trigger pull under certain conditions, including vibration, but “reaffirmed” the safety of the P320 to all end users.”

The lawsuit alleges counts of negligence, breach of warranty, intentional infliction of emotional distress, violation of the Magnuson-Moss Warranty Act, negligent infliction of emotional distress and violation of New Hampshire Revised Statutes.

An attempt to reach a SIG Sauer representative for comment on the lawsuit was unsuccessful.

The lawsuit asks that Guay’s case be heard by a jury.

The P320 has been plagued with numerous issues since it rolled out. Like with the P365, I'm not impressed with how Sig has generally handled those issues. Where there is smoke there is usually fire, and the P320 has had more than it's share of smoke over the years.

I did have one a few years back. I enjoyed it and it shot well. But in the end it went bye-bye in favor of something else. Too be honest, I liked the P250 more and it didn't have any issues. A hammer-fired pistol, again generally speaking, is just not going to have the issues that a striker-fired pistol might have. And they are inherently safer, particularly during a re-holster.

Man this is right out liable on sigs part. They admit that the gun has safety issues. Have they even done anything to address it. Like a recall to fix the problem or issued a buyer beware notice. Like buy this weapon at your own risk because it can kill injure you.

I guess I lied when giving a CWL class. When I told a lady that no weapon can fire by it's self. That someone must pull the trigger.

Firemedic2000 wrote: ↑Mon Jul 13, 2020 12:16 pm I guess I lied when giving a CWL class. When I told a lady that no weapon can fire by it's self. That someone must pull the trigger.

The Taurus 24/7 is reported to have had a problem where it could fire by just shaking it. I remember seeing a video but don't know the details behind it.

Deputydave wrote: ↑Mon Jul 13, 2020 11:02 am Like with the P365, I'm not impressed with how Sig has generally handled those issues.

What problems did/does the p365 have?

MiamiOffshore wrote: ↑Sat Aug 22, 2020 12:02 pm

Deputydave wrote: ↑Mon Jul 13, 2020 11:02 am Like with the P365, I'm not impressed with how Sig has generally handled those issues.

What problems did/does the p365 have?

Fortunately it was a 'did' have problems. And only during the first 6-12 months after it rolled out. Most of the issues were with firing pins dragging on primers to the point they broke. Sig redesigned the firing pin, IIRC, 4 times to strengthen it. So any P365 bought in the last couple of years is fine and good to go. There were some other problems early on but they got fixed as well. The problem was in how Sig handled it. Rather than issue a recall they did quiet little rolling changes. Guns that broke were fixed if shipped back to them but Sig seemed content with letting the customer find out if they had an issue or not rather than being proactive. It's now ancient history but it kinda sucked if you were one of their beta-testers during the first year they were available.

That's why I don't like to jump on anything new for at least a year. That way the folks that just have to have the new hotness are the beta-testers. And they'll pay the highest price for that privilege. I got my P365 about a year and a half ago, maybe a bit longer and it's been a great little shooter. It was my off-duty till I retired and now it's my EDC. Now that all the bugs have been worked out it's an excellent pistol.

Sort of related: in USPSA if you take your holster off with the pistol in it, it is Dairy Queen time.
Been that way for at least 25 years.
Or Jeff Coopers Rule#2 "Never point..."

I am not a Sig fan.

Firemedic2000 wrote: ↑Mon Jul 13, 2020 12:16 pm Man this is right out liable on sigs part. They admit that the gun has safety issues. Have they even done anything to address it. Like a recall to fix the problem or issued a buyer beware notice. Like buy this weapon at your own risk because it can kill injure you.

I guess I lied when giving a CWL class. When I told a lady that no weapon can fire by it's self. That someone must pull the trigger.

Yes, they have. They offer a P320 Voluntary Upgrade program. I just sent mine to that program and it has returned "upgraded."

Mine is a new "X" carry and it has all the "upgrades".
It is a very nice striker gun IMO.
Trigger way better than a Glock and without the finger irritating dingus.

Any updates on the lawsuit?