Products Liability Law Reporter

Robert Lang attempted to remove his Sig Sauer P320 X Carry pistol from its belt holster, which was allegedly designed for the P320. Lang loosened his belt to ease the pressure on the gun and holster then placed his hand onto the holster to verify that the gun was secured. The weapon discharged, striking him in the right upper thigh and exiting above his knee. Lang continues to suffer from nerve pain and PTSD as a result of the incident.

He sued Sig Sauer, Inc., alleging defective design and inadequate warnings. The plaintiff argued that the gun should have had a tabbed trigger and that the defendant should have warned of the possibility of unintended discharge.

The jury awarded more than $2.35 million, including approximately $50,900 in stipulated past medical expenses.

Citation: Lang v. Sig Sauer, Inc., No. 1:21-cv-04196-ELR (N.D. Ga. June 20, 2024).

Plaintiff counsel: AAJ member Robert W. Zimmerman, AAJ member Ryan Hurd, and Daniel Ceisler, all of Philadelphia; and Nick T. Protentis and Matthew P. Bonham, both of Atlanta.

Plaintiff expert: James Tertin, firearms and ballistics, Pillager, Minn.

Comment: In Davis v. Sig Sauer, Inc., 2023 WL 3292869 (E.D. Ky. May 5, 2023), Timothy Davis’s Sig Sauer P320 handgun discharged either while resting in his holster or while he was holstering the weapon after exiting his truck, striking him in the left leg. He brought a products liability suit against Sig Sauer, Inc., and moved to compel the deposition of CEO Ron Cohen after a corporate designee testified at deposition in a different case that the decision to omit a trigger safety mechanism from the P320 might have been discussed with Cohen. The defendant moved for a protective order to prevent Cohen’s deposition. Denying the motion to compel and granting the motion for a protective order, the district court found that the corporate designee’s testimony that Cohen might have been involved in the decision regarding a trigger safety was speculative at best. Moreover, although Cohen may have some relevant information related to the lawsuit, the court said, this information was available from other sources—including subordinate Sig Sauer employees—who would be less burdensome and less expensive to depose than Cohen.