The lawsuit alleged that SIG Sauer knew the advertisements for the pistol’s safety features were false.
A federal judge has ruled in favor of arms manufacturer SIG Sauer in a lawsuit filed by a man who accidentally shot himself in the foot with the company’s P320 handgun.
U.S. Judge Landia McCafferty said last week that plaintiff Kyle Guai failed to prove that SIG Sauer had knowledge of selling the pistol in an unreasonably dangerous condition in December 2016. experience,” claimed he was pulling out a holster with a pistol in it “when the pistol fired and hit him in the right thigh, and he didn’t even touch the trigger,” according to a US military news report.
Guai said he bought the pistol after seeing an advertisement from SIG Sauer promising “Safety without compromise” and boasting that the P320 pistol “won’t fire unless you want it to”, which he claimed the company knew was false.
As evidence, Guy presented a body camera video of an alleged P320 pistol misfire, taken by Roscommon, Michigan Sheriff’s Officer Michael Richardson in February 2016. his holstered P320 pistol suddenly fires as he tries to get out of the car.
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Although the incident took place months before Guai bought his gun, McCafferty ruled that he was unable to prove that the company knew about the incident or saw the video prior to December 2016.
“The strongest evidence presented in court that SIG Sauer knew or should have known that the P320 could potentially fire without deliberately pulling the trigger is the Roscommon incident,” McCafferty wrote in the ruling. “However, no evidence was presented in court that SIG Sauer knew about the Roscommon incident at the relevant time: in December 2016, when Guai bought his P320 relying on advertising.”
“The evidence only established that SIG Sauer had seen Roscommon’s video by January 10, 2019, more than three years after Guey bought his weapons,” McCafferty continued.
The decision comes amid growing calls to hold gun manufacturers accountable for incidents involving their firearms, including the ability to sue companies if their products are used to carry out mass shootings.
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Gun manufacturers have some legal protection under the Lawful Trade in Arms Protection Act (PLCAA), which was passed in 2005, but they can still be the target of lawsuits. While the PLCAA protects gun manufacturers from legal liability for crimes committed with their products, it does not provide them with full protection in cases such as gun defects.
President Biden lamented the legal protections given to arms manufacturers since taking office, arguing that such protection is unique in the industry.
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“Imagine if we had a liability — this is the only industry in America that is exempt from prosecution by the public,” Biden said last year. “Only one.”
Credit: www.foxbusiness.com /